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(영문) 광주지방법원 2017.11.16 2017가합55331

임시총회 결의 유효확인 청구

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The defendant is a clan with F as a joint ancestor and composed of descendants, and the plaintiffs are the members of the defendant's clan.

B. (1) On February 25, 2017, the Defendant held the fourth extraordinary meeting (hereinafter “instant extraordinary meeting”) on February 25, 2017, and made a resolution to sell each real estate listed in the separate sheet (hereinafter “instant resolution”).

(2) In accordance with the instant resolution, on March 24, 2017, the Defendant entered into a sales contract with Ss. Integrated Development Company to sell each of the real estate listed in the separate sheet at KRW 2,565,805,000.

C. The main contents of the Defendant’s articles of incorporation (hereinafter “instant articles of incorporation”) at the time of the instant special meeting are as follows.

The purpose of Article 2 (Purpose) of the Articles of Incorporation (No. 4) is to sublime the ancestor and to preserve the heritage related to the ancestor worship and to promote friendship and prosperity among the relatives.

Article 3 (Scope of Business) In order to achieve the objectives set forth in the preceding Article, the present session shall carry out the following activities:

5. Matters concerning the financial management of literatures;

6. Matters concerning the preservation and management of facilities under Article 15;

1. The ordinary general meeting shall be held after the regular meeting on Sundays as of the last day of March each year; and

2. Extraordinary general meetings shall be convened by the chairperson when requested by a majority or more of the board of directors or at the request of 19 to 20 members, respectively.

(Resolution) If the president fails to convene the meeting, the president shall convene the meeting. Article 16 (Resolution by General Meeting) shall resolve the following matters:

1. Selection and dismissal of the president and vice presidents;

2. Approval of budget and settlement of accounts;

3. Amendment to and enactment of the regulations;

4. Cases concerning the disposal and acquisition of clan property;

5.Other matters necessary for the operation of the sub-councils, Article 17 (Quorum of General Meeting) 1. A general meeting shall be held by members present on that day.

Provided, That if he/she fails to attend, he/she may substitute for attendance by a power of attorney to another member.

(2) The General Assembly shall specifically provide for in this Rule.