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(영문) 서울북부지방법원 2018.05.17 2017가합26816
정기총회결의무효확인 청구의 소
Text

1. At the ordinary meeting of the Defendant on July 20, 2017, the Defendant’s Intervenor C and the Defendant’s Intervenor D are the chairman.

Reasons

Facts of recognition

The defendant is an incorporated association (hereinafter referred to as the "Defendant's relatives' association") with the objective of promoting the inheritance of the E-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

The plaintiff is a representative of the defendant-friendly council.

The Defendant Intervenor C and D are the persons elected as the president and the president at the ordinary meeting of July 20, 2017 at the end of the Defendant-friendly Council.

On July 20, 2017, F, which was the chairperson of the defendant-friendly council, on July 5, 2017, passed a resolution on the list of the representatives of the 12th meeting, which constitutes the general meeting of the defendant-friendly council.

The 12th representatives decided at the time were 90 persons, namely, 17 representatives of each strike, 15 persons recommended by each strike, 20 persons recommended by each strike, 30 persons recommended by the chairman of the defendant clan clan, and 38 persons recommended by the chairman of the defendant clan clan clan.

On July 7, 2017, F sent a notice of convening a general meeting of delegates (hereinafter “instant general meeting”) on July 20, 2017 to elect executive officers to the above representatives.

The 76 delegates were present at the instant general meeting. ① In the presidential election, the Intervenor C was elected as the chairperson of the Defendant’s Intervenor C as “C45 marks, F26 marks, and G5 marks,” and ② in the total 76 marks, “D 38 marks, H37 marks, and invalid 1 marks,” respectively.

§ 10 (Election of Officers) of the Regulations on the Articles of Incorporation of the Defendant’s Branch

1.The Chairperson, Vice-Chairperson, Directors and Auditors shall be elected at the Assembly of Representatives;

Article 14 (Composition of General Meeting of Chapter IV)

1. At a general meeting, the fixed number of representatives shall be not less than 70 but not more than 90 persons;

2. The board of representatives shall have one chairperson and five vice-chairpersons;

Article 15 (Election of Representatives)

1. The representative of each strike shall be ex officio, and the representative of each strike with executive officers shall be excluded from ex officio;

2. Each representative of the dissolution shall recommend one candidate for each representative, and the president of the Central Council shall affix his/her seal upon recommendation of 34 persons from among the heads of local clans.

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