종중대표자지위확인
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for adding the judgment on the Plaintiff’s assertion as follows.
2. The addition;
A. The Plaintiff’s assertion G published a notice of convening the general meeting of this case one week prior to the general meeting according to the method of convening the general meeting prescribed by the rules of the Defendant’s association, and issued a notice of convening the general meeting of this case to all 34 executives of the Defendant, and let them deliver the fact to the Defendant’s senior members, thereby making reasonable efforts. The Plaintiff’s assertion G made a notice of convening the general meeting of this case to all the members who
B. According to the statements in Gap evidence 2 and 8, with respect to the convening of the general meeting, ① Article 15 of the Rules of the defendant association is divided into a general meeting and an extraordinary general meeting, and the general meeting is held once a year and, if inevitable, by giving written notice to all the executives at least one week prior to the date of the general meeting and, if inevitable, by giving them a written notice to the all the officers. The general meeting shall be convened by the Chairperson as necessary, and the time, place, and agenda shall be given by giving notice to all the members. The general meeting shall be convened by the Chairperson, and the general meeting shall be given by giving notice to him/her depending on the case. ② On January 13, 2015, G shall be held by H Han-gu and Seoul Economic Newspapers:0 on January 13:00, 2015, “The fact that public notice was given to hold the general meeting” as an amendment of the rules, appointment of officers, and other agenda items.
However, comprehensively taking account of the following circumstances, it is difficult for G to evaluate that it has made a reasonable effort to give individual call-up notice to the members in relation to the instant extraordinary general meeting by comprehensively taking account of the respective descriptions of evidence Nos. 6, 7, 8, 17, 18, and 29, as well as the overall purport of the pleadings.
1 G is composed of 34 executives of H Defendant who paid a public announcement of convening the instant special meeting at Hansan newspaper and Seoul Economic Newspapers.