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(영문) 대구지방법원 안동지원 2018.12.20 2018가합3295
총회결의무효확인청구
Text

1. Of the instant lawsuit, the Defendant’s resolution at the ordinary meeting on December 23, 2017 to elect C as the Defendant’s president.

Reasons

1. Basic facts

A. The Defendant is a non-corporate body with the purpose of promoting friendship, promoting welfare, and managing property with the residents of G village as its members in permanent residence.

The plaintiff was elected as the president at the general meeting of the defendant held on November 6, 2016.

B. On December 23, 2017, the Defendant held a general meeting (hereinafter “instant primary general meeting”). At the time when F, who was appointed as the Speaker pro tempore to proceed with the agenda for election of the president, declared that “A, a single candidate, was elected as the Defendant’s president.” A majority of the members present at the meeting, but the Plaintiff raised an objection.

C. On January 28, 2018, C convened the Defendant’s extraordinary meeting (hereinafter “instant extraordinary meeting”) as the Defendant’s president. At the time, C decided to elect D as the Defendant’s chief vice-chairperson, and E as the Defendant’s vice-chairperson, and C appointed F as the Defendant’s secretary.

On December 2, 2018, the Defendant held a general meeting of shareholders (hereinafter referred to as “the second general meeting of shareholders”) and resolved to elect H as the president of the Defendant’s new appointment.

Article 3 (Representative Organs) This section shall have a B-General Assembly of Organizations (hereinafter referred to as the "General Assembly") as the representative organ.

Section 7 (Executive Officers) This Sub-Section shall have the following officers:

A) Two (2) directors shall be composed of not more than 10 (10) directors and shall be equal for each region. (e) The election and terms of office of one secretary-general (the election of officers) secretary-general and one (2) officers other than the secretary-general are as follows: (a) the secretary-general shall be appointed by the Assembly; (c) the secretary-general shall be elected by the Assembly by vote of secret and the other officers shall be elected by vote of secret or number of vote of secret.

If the number of votes obtained is the same number, the elderly shall not be elected first, or any member subject to disciplinary action shall not be elected as an executive officer. Article 9 (Term of Office of Executive Officers)

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