logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 여주지원 2018.04.11 2017가합5593
종중총회결의무효확인청구의 소
Text

1. On March 4, 2017, the Defendant confirms that a resolution that the Defendant appointed C as the president at the ordinary general meeting of shareholders in 2017 is null and void.

2...

Reasons

Facts of recognition

The defendant is a clan that is a common ancestor of D (hereinafter referred to as "defendant's clan"), and the plaintiff is a member of the defendant's clan.

On February 17, 2017 and the 19th day of the same month, the defendant clan notified 220 members of the clan of convening the general meeting of the 2017 general meeting (hereinafter referred to as the "general meeting of this case") under the joint names of the members of the clan E and the chairperson of the defendant clan, with the consent of E.

E consented to the convocation of the above general assembly.

On March 4, 2017, Defendant clan held the instant general meeting and passed a resolution to elect C as the president at the H Center located in the H Center located in Sejong-gun G.

On the other hand, on March 25, 2012, Defendant clan I held a general meeting of shareholders to amend its articles of association and passed a resolution to appoint a J director. On August 25, 2013, J held an extraordinary general meeting and passed a resolution to appoint I as the president of the Defendant clan. On March 2, 2014, I held a general meeting of shareholders in March 2, 2014 and passed a resolution to nominate I as the president.

However, the defendant clan K filed a lawsuit seeking confirmation that the above resolution was invalid due to the defect in the general meeting of August 25, 2013 and the subsequent resolution of the general meeting of the shareholders on March 25, 2014, which was the resolution of the above general meeting of shareholders as of March 25, 2012, and the subsequent resolution of the general meeting of shareholders as of March 25, 2014. While the above court dismissed the K's claim, the Seoul High Court, which was the appellate court, declared on May 20, 2015, that "I is all null and void due to the defect in the convocation procedure of the above resolution, as of March 20, 2014, and I is the president of the general meeting of shareholders as of March 2, 2014, and that L is each null and void." The appeal against the above judgment of the appellate court (Supreme Court Decision 2015Da20054) was dismissed.

In addition, on March 1, 2014, the defendant clan held a general meeting of shareholders in March 2014 (hereinafter “general meeting of shareholders in March 1, 2014”) and passed a resolution to appoint K as the chairperson of the defendant clan. However, on May 11, 2016, the general meeting of shareholders in March 1, 2014 is among some members.

arrow