(영문) 수원지방법원 2017.06.02 2016가합74480

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(영문) 수원지방법원 2017.06.02 2016가합74480

회장지위확인 청구의 소

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1. Ascertainment that the plaintiff is the chairperson of the defendant.

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

Reasons

1. Basic facts

A. The Defendant is a clan comprised of adults aged 20 years or older among the descendants of D 13 large descendants, and the Plaintiff is a person elected as the president at the special general meeting of October 25, 2015 by the Defendant.

B. At the time of September 14, 2015, 150 members of the Defendant clan, including F, sent a certificate of content against C, the president of the Defendant clan, “C, dismissed from office by the president of the clan, and elected a new president” (hereinafter “instant request”). On September 16, 2015, C respondeded to the purport that “If 150 members, who requested an extraordinary general meeting, agree to the removal of the president by the president, they shall send a letter of explanation and confirm the purport of the members at a given time and make a decision.”

C. Accordingly, on October 15, 2015, 150 members of the Defendant clan, including F, decided to directly convene an extraordinary general meeting, and sent a notice of convening an extraordinary general meeting to the clan members of the Defendant clan on October 15, 2015, and on October 25, 2015, held an extraordinary general meeting (hereinafter “instant special meeting”) and dismissed C from office with the affirmative votes of 302 out of the total number of votes 304, and passed a resolution to elect the Plaintiff as the new president (hereinafter “instant resolution”).

The contents of this case in the defendant's articles of incorporation are as follows.

Article 6 (General Meetings) The general meetings of clans shall consist of the general and extraordinary general meetings.

2. An extraordinary meeting shall be convened with the consent of the board of directors when the president considers it necessary for the operation of the clan.

Article 7 (Convocation of General Meeting) The notice of convening General Meeting shall be sent seven days before the date on which the meeting is held.

Article 8 (Power of General Meeting)The following resolutions shall be made at Congress:

2. Resolutions on the appointment and dismissal of officers at the general and special general meetings under Article 9 shall be made with the attendance of not less than 50 members and with the affirmative votes of not less than a majority of the members present; and

유사 판례

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