beta
(영문) 부산고등법원 2019.10.16 2019나52150

총회결의무효확인

Text

1. Revocation of the first instance judgment.

2. On April 15, 2018, the Defendant appointed D as the Defendant’s representative at the ordinary meeting of shareholders on April 15, 2018.

Reasons

1. Basic facts

A. The defendant is an organization consisting of some descendants among the adult descendants of E, and the plaintiffs are the members of the defendant.

B. The main contents of the Defendant’s bylaws (hereinafter “instant bylaws”) pertaining to the instant case are as follows.

Article 2 (Purpose) The purpose of this Council is to preserve and develop the graves of the ancestor, to succeed to and develop the tradition, and to promote friendship among relatives by fostering the noble spirit, and to promote harmony and the justice of clans by mutual assistance.

Article 5 (Qualification of Members) Members of the plenary session shall be adult male and female from among the descendants of E line, and shall be registered in the register of addresses of members.

Section 8 (Officers) This Section shall have the following officers:

1. One chairperson (Methods of Appointment of Officers) chairperson, vice-chairperson and auditors shall be elected by the affirmative vote of a majority of the persons present at a general meeting;

Article 12 (Meetings)

1. Meetings shall be classified into an ordinary general meeting, and a board of directors;

2. In principle, an ordinary general meeting shall be held on the third Sundays of April each year; and

Article 16 (Quorum for Resolution)

2.The general agenda of the General Assembly shall be decided by the affirmative vote of a majority of the present members.

C. On April 4, 2018, the Defendant sent a muster notice to 314 members listed in the membership roll and the domicile register to the general meeting of the Defendant on April 15, 2018 (hereinafter “instant general meeting”). On April 11, 2018, the Defendant publicly announced the fact of holding the instant general meeting in the region’s daily newspapers. On the date and place of the instant general meeting, the notice of convening the instant general meeting was indicated as “the date and place: 11:00 on April 15, 2018, and F: on the date and place of the instant general meeting, the notice of convening the general meeting was indicated as “the date and place: 11:00 on April 15, 2018; hereinafter “the agenda of the instant general meeting”).

On April 15, 2018, the Defendant held the instant general meeting, and 69 of the Defendant’s members attended the instant general meeting.

In this case, the agenda items to be selected at the meeting of the present case are presented.