logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2015.01.14 2014가합6120
종중총회결의무효확인의 소
Text

1. On March 7, 2013, the defendant appointed C as the defendant’s representative at the ordinary general meeting of shareholders on March 7, 2013 confirms that the resolution is null

2...

Reasons

1. Facts of recognition;

A. The defendant is the defendant's collective group of D and is the 19 members of D, who are children of K, L, M, I, C, N, O, plaintiff's children, P, etc., who were born between the deceased Dong E and H on April 15, 1979.

B. On February 17, 2012, the Defendant held a general meeting of shareholders and passed a resolution to select C as the president who is the representative of the Defendant (hereinafter “resolution at the general meeting of shareholders on February 17, 2012”) with the consent of the total of five members from among seven members of the clan attending the meeting (three members present at the general meeting and four members who submitted delegations).

C. A lawsuit was filed against the Defendant to verify that the resolution of the general meeting of shareholders was null and void at the Jeonju District Court (2012Gahap2889, Feb. 17, 2012). On October 23, 2012, H under the said lawsuit, conciliation was concluded with the main contents that “In order to convene and supervise the general meeting of the Defendant, Q is an attorney-at-law as an acting representative of the Defendant’s president, and the said acting representative is required to appoint one employee to assist the said business.”

(hereinafter “instant conciliation”) D.

Attorneys Q called an extraordinary general meeting as the acting president of the defendant according to the instant conciliation, and the defendant decided to elect the president of the defendant at the ordinary general meeting held on November 18, 2012, while the 12 members of the clan attend the general meeting held on March 7, 2013.

E. The Defendant’s records on March 7, 2013

1. A resolution passed at an ordinary general meeting on March 7, 2013 (hereinafter referred to as “resolution adopted at an ordinary general meeting of shareholders on March 7, 2013”) to elect C with the consent of the chairperson, who is the representative of the defendant, among 10 members of the 19 clans (7 members present at the meeting and three members present the power of attorney).

(f) On February 25, 2014, the Defendant held a general meeting of shareholders on February 25, 2014 and held eight of the 19 members of the clan (five members present at the general meeting and three members of the power of attorney), with the consent of all five members, to elect the restriction on the appointment of the president of the defendant clan in the above general meeting of shareholders at the general meeting of shareholders.

arrow