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(영문) 서울중앙지방법원 2016.01.22 2015가합506494

종중 총회 결의 등 무효확인 청구

Text

1. Of the instant lawsuit, the Defendant’s lawsuit is null and void by the resolution of the board of directors on November 11, 2014.

Reasons

1. Basic facts

A. The defendant is a clan that is comprised of six years of age of the F's six descendants of E, which is the first group of G and its descendants, and the plaintiffs are the members of the defendant's clan.

B. The defendant's clan rules provide for the general assembly and board of directors of the defendant as follows.

Article 16 (Convocation of General Meeting) (1) of the clan Regulations shall be held during November of each year, and the convening notice shall be given in writing by the general secretary ten days before the general meeting is held.

An extraordinary general meeting shall be convened by a resolution of the board of directors as necessary.

On October 10th of the year, only the progress of the general meeting shall be reported.

(2) A general meeting shall be convened by the representative.

Article 17 (Quorum of General Meeting) (1) A general meeting shall be convened with the attendance of not less than 100 clan members on the day (including the delegation) and pass resolutions with the consent of not less than 2/3 of the members present.

2. If there is a shortage of votes in two-thirds of the quorum for the above-mentioned one-third of the votes, the Speaker shall decide whether to make a resolution.

Matters to be resolved at an ordinary general meeting under Article 18 shall be as follows:

(6) Matters to be resolved by the board of directors under Article 23 on the management and disposal of clan properties shall be as follows:

(2) Deliberation and resolution on the acquisition, disposal and preservation of paper materials (6)

C. H selected as the president of the clan on November 19, 201 by the Defendant’s clan general meeting on behalf of the Defendant was held by the Defendant’s board of directors on November 11, 201, and the said board of directors was held by the Defendant’s board of directors on behalf of the Defendant. On November 19, 2011, the said board of directors attended by 28 directors from among the Defendant’s 31 directors elected by the clan general meeting on November 19,

The meeting of the board of directors is subject to a resolution on the attached table 1 to 6, 6. The agenda was rejected, and all other agenda items were resolved.

(A) No. 4. D.

On November 19, 2014, H issued a notice of convening an extraordinary general meeting on behalf of the Defendant to the clan members on December 10, 2014 (No. 2, No. 1) and the Defendant.