logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2020.08.19 2020가합21453
총회결의무효
Text

1. The Defendant’s extraordinary general meeting of August 18, 2006 elected C as the president, D as the general director, E, and F as each auditor.

Reasons

Basic Facts

The defendant clan is a clan with H as the head of G as a common ancestor and comprised of descendants, and the plaintiff is a female member of the defendant clan.

After the I, the representative of the defendant clan, who was the representative of the defendant clan, died on December 10, 2003, failed to elect the successor president. On August 18, 2006, the defendant clan held an extraordinary general meeting (hereinafter “instant extraordinary meeting”) on August 18, 2006, and made a resolution to appoint C as the chairperson, D as the general director, E, and F as the auditor (hereinafter “instant resolution”).

On the other hand, the defendant's clan did not call for convening the special general meeting of this case to the adult female clans who can identify their whereabouts and contact with them.

Article 5 (Fixed Number of Officers) The following officers shall be assigned to this Council:

1. One chairman;

2. One secretary;

3. One auditor.

4. Three years for an adviser’s term of office.

Provided, That the term of office of the full-time officer shall be the remaining term of his predecessor.

Article 10 (Functions of General Meeting)The Assembly shall deliberate and decide on:

1. The general meeting under Article 14 (Period for Convocation of General Meeting) shall be convened in January of each year, and the extraordinary general meeting and the board of directors shall, if necessary, be convened;

Article 15 (Convocation of Meetings)

1. The general meeting and the board of directors shall convene and preside over the general meeting on behalf of the chairperson or the secretary acting for the chairperson;

2. When intending to call a general meeting or an officer meeting, a written notice shall be given seven days prior to the meeting in writing specifying the date, place and purpose;

Provided, That it may be made orally.

The provisions pertaining to this case among the rules of the defendant clan are as follows:

【The Plaintiff asserts that the instant resolution is null and void, since the Plaintiff did not receive a notice for convening the general meeting of this case, the Plaintiff’s female members of the Defendant clan including himself/herself did not receive a notice for convening the general meeting of this case.

arrow