logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원평택지원 2017.06.14 2016가합1207
종중결의무효확인
Text

1. Seven persons, such as adviser F, Chairperson Acting G, H, I, J, K, L, etc. at an extraordinary general meeting held by the Defendant on December 13, 2014.

Reasons

Basic Facts

The parties concerned are the clans that jointly set up S, who are six years of age of Q Q, and whose descendants are subsequent descendants, and the plaintiffs are the members of the defendant's clan.

After the Defendant’s president was appointed on January 23, 1994, T in the process of internal dispute between the Defendant and the Defendant’s president, H and G (former Defendant Chairperson) demanded the resignation of T’s president in around 2012.

T has delegated H with the authority to call a general meeting according to the demand of the opposing strike, and accordingly, at the defendant clan general meeting held on December 2, 2012, resolution was passed by the following: H as the representative, G, U as the vice president, V, I as the auditor, and W as the general director, and the amendment of the defendant’s articles of incorporation.

T and persons supporting T set forth the above resolution and were out of the above general meeting.

T on September 26, 2013, the Suwon District Court 2013Kahap21058 filed a lawsuit seeking confirmation of invalidity of the resolution of the above defendant clan general meeting.

On July 18, 2014, the Suwon District Court rendered a judgment that the resolution of the above clan general meeting is null and void on the ground that it cannot be deemed that the above clan general meeting was convened through legitimate procedures, such as the defendant's adult female members who did not give notice of convening the meeting.

Although the defendant appealed against the above judgment, the above judgment of the first instance became final and conclusive on December 2, 2014 as the withdrawal of appeal.

On October 22, 2014, in the above appellate trial, the defendant Jong-won requested G to convene an extraordinary general meeting on behalf of the president in accordance with the defendant's articles of incorporation, but G did not comply with this on the ground that it is unclear whether it has the authority to convene the general meeting.

On November 5, 2014, Defendant clans filed an application for permission to convene a special meeting of Defendant clans with this Court 2014 non-competuity23, and this Court decided on November 26, 2014 to permit the convening of a special meeting of Defendant clans for the purpose of appointing executive officers, such as the representative, vice-chairperson, auditor, and secretary of Defendant clans.

The general assembly of this case.

arrow