임시총회결의무효확인
1. A resolution to appoint C as a representative at an extraordinary general meeting held by the Defendant on November 4, 2012 shall be confirmed as null and void.
2...
1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 1, Eul evidence 7 and 8 (including paper numbers) and the whole purport of the pleadings:
The defendant is a clan whose members are adults among descendants who have been dissolved from E made up of D and become a 13-year-old descendant F, and the plaintiff and C are the members of the defendant's clan.
B. A resolution was passed by the general meeting of the defendant clan held on February 19, 2006 to appoint G as the chairperson, and a resolution was passed by the defendant clan general meeting held on May 29, 2006 to appoint the plaintiff as the chairperson.
C. C, etc. requested G and the Plaintiff to call the Defendant’s extraordinary general meeting, but did not comply with the request, and made a resolution to appoint C as the president, with a total of 33 members present and 67 full-time members, including 34 full-time members present, and 67 full-time members present, on November 4, 2012, by holding the Defendant’s extraordinary general meeting (hereinafter “instant special meeting”).
2. In the absence of special circumstances, the general meeting of clans shall determine the scope of the members of the clan subject to a notification for convening a meeting for convening a meeting, discussion, and resolution by individually giving each member an opportunity to participate in the meeting, discussion, and resolution, after determining the scope of the members of the clans subject to a notification for convening a meeting for convening a meeting
(2) The general meeting of this case was held without the notice of convening the general meeting of some members who can give notice, and the general meeting of this case was held as of June 29, 2001 (see, e.g., Supreme Court Decision 9Da32257, Jun. 29, 2001).
3. Judgment on the defendant's assertion
A. The defendant's summary of the defendant's assertion is that G is the president at the general meeting of February 19, 2006, and that of May 29, 2006.