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(영문) 의정부지방법원 2018.06.21 2016가합2359

종중총회결의부존재확인등

Text

1. Of the instant lawsuits, the resolution of the extraordinary general meeting set out in attached Table 1 List 1(1) and the list 1(2).

Reasons

1. Basic facts

A. The defendant clan is a clan with descendants of C.

B. On May 28, 2010, the Defendant clan newly established a provision that “The president and vice-president shall succeed to the rules of the Defendant clan (hereinafter “instant rules”) and shall be bound by the general assembly at the general assembly pursuant to Article 15(2).”

C. The provisions relevant to the instant case in the present code are as follows.

Article 15 (Qualification, Election and Term of Office of Officers)

2.The president and vice presidents shall be elected by succession from among Class D, and authorized by the General Assembly.

Article 23 (General Meetings) The general meeting shall be held in March of each year, and the special meeting shall be convened by the chairperson in any of the following cases:

1. Where the chairman deems it necessary;

2. Where not less than 1/3 of representatives request in writing, specifying the purpose of and reasons for the convocation.

3. When not less than 1/2 of the directors request the convocation of a general meeting as provided in Article 24 (Organization and Convocation of General Meeting), the general meeting shall be composed of representatives, and the chairperson shall convene the general meeting, but the president shall act for the vice-chairperson;

When a general meeting is convened, the members of the general meeting shall be notified in writing by specifying the purpose, agenda items, date, time, place, etc. of the meeting by no later than seven days prior

Article 25 (Matters for Resolution at General Meeting)

1. Matters concerning budget and settlement of accounts;

2. Matters concerning appointment of executives;

3. Matters concerning the enactment and amendment of the bylaws;

4. Other matters referred to the Council by the board of directors shall be resolved with the attendance of a majority of the incumbent members and with the concurrent vote of a majority of the present members or more.

Provided, That in the case of the matters stipulated by the group, it shall be resolved as stipulated by the group.

Article 28 (Convocation of Board of Directors)

1.The Council shall be convened by the Chairman at the request of the Chairman or at least one-third of the registered directors.

Article 31 (Election and Term of Office of Representatives)

1.The number of representatives shall be twenty-four in total, including officers.

2. The board of directors shall appoint two persons from among five doors, and the remaining number of persons shall be the latter.