종중총회결의무효확인 등
1. Of the instant lawsuits, the part of the claim for nullification of the resolution of the extraordinary general meeting of March 10, 2013 is dismissed.
2. The plaintiffs.
1. Basic facts
A. The defendant is a clan that consists of the descendants of M 11 years of age N, and the plaintiffs are the members of the defendant's clan.
L has been elected as the president of the defendant in 2005 and has operated the defendant according to the clan rules (established on April 15, 2005).
B. On March 10, 2013, the Defendant held an extraordinary general meeting and passed a resolution to elect L as the chairperson of the Defendant with the consent of 38 members of a clan (including 11 members of his/her delegate) and 20 of them.
C. On August 25, 2013, the Defendant held an extraordinary general meeting on August 25, 2013 and passed a resolution with the consent of 67 members present at the clan (including 33 the mandators) and a majority of the members present at the clan (54-57 each agenda).
On March 2, 2014, the defendant held a general meeting of shareholders on March 2, 2014, and passed a resolution to re-register L as the chairperson of the defendant with the consent of 57 members (including 36 members) and 52 of them.
[Reasons for Recognition] Facts without dispute, Gap 1, 7 evidence, Eul 4 evidence, the purport of the whole pleadings
2. As to the claim to nullify the invalidity of the resolution of the special general meeting of March 10, 2013 among the instant lawsuit
A. The main point of the plaintiffs' assertion is that the defendant holds a general meeting only with some clan members and most of the clan members (including the female clan members) without a notice for convening a meeting.
In addition, there is a defect in the proceedings of the decision that the members of the clan who left the voting place by deception of L have passed a resolution by open voting.
A resolution made as such is null and void as the defect is serious.
B. Determination, even if there is a defect in the procedures for convening a general meeting on March 10, 2013 and the resolution on March 10, 2013 is null and void, insofar as the Defendant held an extraordinary general meeting on August 25, 2013 and made a resolution to elect L as the president, and as seen below in subparagraph 3(b) cannot be deemed null and void, seeking confirmation of the invalidity of the resolution on March 10, 2013 is seeking confirmation of the past legal relationship or legal relationship.