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1. The instant lawsuit shall be dismissed.
2. The costs of the lawsuit are assessed against the Plaintiffs, including the cost of supplementary participation.
Reasons
1. Basic facts
A. The defendant is divided into a clan consisting of descendants from AH 16 years old, AH 16 years old, and a AK, AL, AM, AM, AOP, and APP, which are the descendants of AJ five children. The plaintiffs are the members of the defendant.
B. On March 23, 2015, the Defendant: (a) held a general meeting on March 23, 2015, elected A Q as the president and N as the auditor; (b) elected S as the chief vice-president and the chief vice-president; (c) recommended the vice-president, directors, auditors, and delegates from five other than AK and elected the following officers:
The Director General of AK AK AK AK AK AK AK AK AK AK AK AK AK AK PP M AKO, PM PP Q, HNR, S AP PP PP PP P, V AK AK AK AK AK AW W, X, Y AMM Y AP APP M, V audit and inspection N.
C. A Q resigned from office around October 2015. The Defendant held a board of directors on October 14, 2015 and had the head vice-chairperson S act for the president, but S resigned from office on November 18, 2015, and K, the senior vice-chairperson, among vice-chairpersons, was designated as the president acting for the president.
On January 16, 2016, the defendant held an extraordinary general meeting and elected K as the president, newly elected AK Vice-President as the president, and changed some executive officers such as replacing AL Vice-President from L toO.
However, on January 16, 2016, J filed a lawsuit against the Defendant seeking confirmation of invalidity of the resolution on extraordinary general meetings (Seoul District Court Decision 2016Gahap83). The above court rendered a judgment that “the resolution made at the general meeting is null and void due to the defect in which the said general meeting did not give a notification to some of the senior members,” and the above judgment became final and conclusive as the Defendant’s dismissal of appeal (Tgu High Court 2016Na24919).
E. The contents of the Defendant’s bylaws pertaining to this case are as follows.
Article 7 (Officers) This clan shall have the following officers:
1) One chairperson 2) 6 vice-chairpersons (one 6m) 3) 12 (2) 4) auditors.