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(영문) 청주지방법원 2019.05.10 2018가합5482
종중결의무효확인의 소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant clan is a clan that is composed of descendants of CC 60 years old and F with its descendants first grouped of C C 60 years old and then the plaintiff is a clan member of the defendant clan.

B. The main contents of the rules of the defendant clan in force since January 1, 1990 are as follows:

Article 3 (Qualifications of Members) The membership of this clan shall be comprised of one member per household, who is a successor to young men of the same clan from among Class B members.

Article 5 (Executives) Any of the following officers shall be appointed in the Republic of Korea:

One chairperson, one general secretary, one similar auditor, two auditors, the general affairs of Article 6 (Election of Officers), similar auditors, and the auditor shall be elected by mutual vote at the general meeting of mutual consultation, and the representatives shall be elected by mutual vote, and five persons from each lineal descendant, and the chairperson shall be ex officio.

Article 9 (General Meeting) The ordinary meeting shall be convened in December each year, and the extraordinary general meeting shall be convened with the consent of the chairperson or at least a majority of the delegates, if necessary.

Article 10 (Matters to be Resolved at General Meeting) The following matters shall be resolved at a general meeting:

Improvement of Officers

B. The representatives of Article 11 (Composition of Board of Representatives) of the Assembly’s opinion regarding other important matters of the clans are comprised of five descendants of the clans from among the descendants of this clans, five descendants from the clans, and are composed of six members including the president.

Article 12 (Matters to be Resolved by Board of Representatives) The following matters shall be resolved by the Board of Representatives:

Acquisition or disposition of clan properties;

(b) Appointment of a representative when a clan property intends to acquire or dispose of it;

(c)Resolution of the Board of Representatives on matters presented by the Assembly (Resolution of the Board of Representatives) Article 13 (Resolution of the Board of Representatives) shall be decided with the consent of 3/4 of all members present;

C. On May 20, 2006, the defendant clan issued a "resolution of the board of directors" to the effect that "the defendant clan consented to the implementation of an urban development project for the land 2 through 8 owned by the clan, and delegate the execution of the resolution to the chairperson."

(hereinafter “Initial previous resolution”) d.

On the other hand, with respect to each land of this case owned by the defendant clan, the following table is stated.

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