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(영문) 부산지방법원 2017.05.31 2016가합44854
종중총회결의 무효확인
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs are borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant is a clan established by the descendants of E, F, G, and H for the purpose of protecting the graves of the common ancestor and promoting friendship among the religious members and their descendants.

B. The Plaintiff is a member of the Defendant clan, who was elected as the president of the Defendant clan on April 24, 201 and completed his/her term of office.

C. On April 27, 2014, I held an extraordinary general meeting with the authority to call and hold an extraordinary general meeting of the defendant clan delegated by J, the member of the clan, who is the member of the clan, and at that general meeting, the defendant clan passed a resolution to replace I with I as the chairperson.

On June 14, 2014, the Plaintiff filed an application with Busan District Court 2014Kahap10194 for a provisional disposition for the suspension of performance of duties with respect to I on June 14, 2014 due to defects in the procedure for convening the said special meeting

9. 25. The acceptance of the provisional disposition and the decision that the plaintiff shall be appointed as the acting director of the defendant clan was made.

On January 24, 2015, the Plaintiff held an extraordinary general meeting of the Defendant clan as an acting representative, and held a clan general meeting on April 24, 2016, according to the resolution of the said extraordinary general meeting that appoints the Plaintiff as the representative.

E. Meanwhile, on April 13, 2016, K asserted that it was delegated by J with the authority to call and hold a general meeting of a clan (hereinafter “instant general meeting”) and held a general meeting on April 24, 2016, and there was a resolution to substitute C, the chairperson of the Defendant, the chairperson of the instant general meeting, with 47 members who delegated the right to attend or pass a resolution at the instant general meeting (hereinafter “instant resolution”).

F. The J is the person entitled to convene a general meeting of the clan as a member of the family of the defendant clan.

E. Of the rules of the defendant clan, the contents pertaining to this case are as follows.

The Chairperson of Article 7 (Do Similar) The Chairperson shall exercise overall control over the affairs of the Council and preside over the affairs of the Council and the chairperson of the Council on behalf of the Council.

Article 12 Appointment of Officers

1. He/she shall appoint members with high moral reputation among all members and good example to others as the chairperson;

Article 13. Terms of Officers

1. The terms of office for the chairman and officers;

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