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(영문) 수원지방법원성남지원 2019.01.18 2017가합408311

종중임시총회결의무효확인 등

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1. Ascertainment that the plaintiffs are regular members of the defendant.

2. The Defendant’s extraordinary general meeting on August 28, 2016, and December 4, 2016.

Reasons

1. Facts of recognition;

A. The status of the parties is that the defendant is a collective group of Q 13 descendants and consists of descendants, and the plaintiffs are women who are written in Q 13 descendants as the defendant's family members and they are women who are written in Q 13 descendants.

(b) Article 5 (Regular Members) of the Articles of Incorporation of the Preferred Pool Association (Regular Members) is a member of the R, who is eligible for membership voluntarily by filing an application for membership with the Pool Council after marriage.

Article 5-1 (Associate Members) A associate member shall be a R-owned person aged at least 20 years old.

Article 6 (Qualification) (1) A regular member may exercise his/her voting rights and suffrages at a general meeting, extraordinary general meeting, and eligibility for election.

(2) A quasi-member may witness all the activities of the family council, but may not exercise his/her authority referred to in paragraph (1).

(3) A regular member shall be deemed an associate member unless he/she performs his/her responsibility and duties for three years, and shall automatically return to a regular member after one year.

Article 7 (Liability and Duties of Members) All members shall have the following responsibilities and duties:

(1) All regular members shall attend a meeting and exercise their authority, except in extenuating circumstances.

(2) All regular members shall pay annual fees and special contributions to general meetings during their session.

The defendant's clans are defined as follows with respect to the qualification of the members of the clan:

C. On November 3, 2013, the Plaintiffs applying for membership of a regular member filed in accordance with the submission of the above resolution to the effect that the Plaintiffs wish to acquire the status of regular member by the Defendant’s representative at the time of November 3, 2013 (hereinafter “2013 P Class-I resolution”) (hereinafter “instant application”).

A. The submission was made.

The application of this case is accompanied by the list of the plaintiffs who are applicants, and the signature of the applicants is attached to the list.

However, among the plaintiffs, C division and D did not sign on the above list, but on this matter, the defendant.