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(영문) 광주지방법원 2018.09.13 2018가합50005

임시총회 결의 무효확인 청구의 소

Text

1. Each resolution listed in paragraph 1 of the attached Table, which was adopted by the Defendant at the extraordinary general meeting of April 23, 2017, and June 10, 2017.

Reasons

1. Basic facts

A. The plaintiffs are the members of the defendant's clan, and the defendant is the clan which is composed of descendants by making Emph G as a joint ancestor.

B. On April 23, 2017, the Defendant held the sixth extraordinary general meeting (hereinafter “instant extraordinary general meeting”) and passed a resolution to approve each of the items, including the withdrawal of executive officers and changes in the articles of incorporation, as indicated in attached Table 1 (hereinafter “resolution of April 23, 2017”).

C. On June 10, 2017, the Defendant: (a) held a resolution to approve the amendment of the articles of incorporation and each of the items to re-sale of real estate listed in attached Table 2 (hereinafter “resolution as of June 10, 2017”; (b) held the said special meeting and the instant special meeting as of April 23, 2017 (hereinafter “each of the instant special meetings”); and (c) held a resolution to approve the amendment of the articles of incorporation and each of the items to re-sale of real estate listed in attached Table 2 (hereinafter “each of the instant resolutions”) with the said resolution and the instant resolution as of April 23, 2017 (hereinafter “each of the instant resolutions”). In accordance with the foregoing resolution, the Defendant sold the forest and field H4,137 square meters, 13, 478 square meters, 478 square meters, and 39 square meters of forest and field to the Defendant FF limited company in Gwangju, Gwangju.

The contents of the Defendant’s articles of incorporation, which were enforced at the time of each of the instant special meetings, are as follows.

According to the resolution of April 23, 2017, Article 15 subparag. 5 of the Defendant’s Articles of Incorporation, “the holding of an ordinary extraordinary meeting” was partially amended by the Defendant’s articles of incorporation, such as the establishment of a new provision that “The meeting of an ordinary general meeting is to contact all members on newspapers, communications, SNS, etc. and manage documents (Provided, That in the case of a staff member whose address is not in an office in the door and who is not in an office, an executive is notified by communication among the staff members) from among the doors kept in the door-won’s office under the supervision of the general secretary,” but the above resolution is null and void as seen below, the provisions of the Defendant’s articles of incorporation amended by the above resolution cannot be deemed to apply to the extraordinary general meeting on June

Article 6 (Qualification) Members of the plenary session are three-party O, insignia P and insignia Q.