종중총회 및 이사회결의무효확인 등
1. The part of the plaintiffs' lawsuit of this case seeking nullification of the general meeting of clans and the resolution of board of directors, and sales contract.
1. Facts of recognition;
A. Defendant clan is a clan consisting of descendants who jointly set up AP, the 14-year-old descendants of Defendant clans, and Defendant Company is a company established on July 4, 2017 for the purpose of solar power generation business, etc., and Defendant AJ is the chairperson of Defendant clan, Defendant AL is the general secretary of Defendant clan, Defendant AL is the director of Defendant clan, and Defendant AK is the members of Defendant clan, the representative director of Defendant Company, Defendant AM and the Plaintiffs are the members of Defendant clan.
B. On November 24, 2017 and December 22, 2017, the defendant clan sold 15 shares out of the trees extracted from the defendant AM (a mutual operating company of Q Q) to 41,250,000 won (a week 550,000 won) among the trees extracted from a third party on December 29, 2017, after obtaining permission for each extraction of 16 shares and 75 shares in each forest listed in the separate sheet (hereinafter “each forest of this case”).
C. Defendant clan established the Defendant Company to conduct solar power generation business as a profit-making business, and decided to use the forest land owned by the clan as a business site.
Accordingly, on August 17, 2017, the defendant clan completed the registration of ownership transfer (hereinafter referred to as the "registration of ownership transfer of this case") on the grounds of donation from August 11, 2017 with respect to each forest land listed in the attached list Nos. 2 and 3 as stated in the attached list to the defendant clan.
The rules of the plaintiff clan in relation to the case are as follows:
Article 5 (Organization and Members) In order to achieve the objectives of this clan, a general meeting shall be established as the highest deliberative body, and an operating committee shall be established separately for the efficient performance of its duties.
(1) A general meeting shall be comprised of the whole members of this clan.
(2) The operating committee shall consist of officers elected at general meetings.
Article 6 (Functions of General Meeting)The Assembly shall decide:
(6) The disposal of real estate constituting a clan property and the agenda of the general meeting under Article 9 shall be present at the general meeting.