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1. Of the instant lawsuit, a resolution to appoint E from the extraordinary meeting of the Defendant clan on February 23, 2014 as the president of the Defendant clan.
Reasons
Basic Facts
The defendant clan is a naturally created family organization that consists of FC G's 10-year-old H, which is composed of ten-year-old h, the purpose of the protection of graves, religious rites, and friendship between descendants, and the plaintiffs are the clan members of the defendant clan.
Defendant clan held a general meeting on February 23, 2014, when I, who held office as the president, retired from office as a health problem, passed a resolution to appoint E as the president, J as the secretary general, and K as his adviser. On December 7, 2014, Defendant clan held a general meeting on December 7, 2014 and passed a resolution to terminate the title trust of each real estate listed in the attached Table 2’s list of real estate (hereinafter “instant real estate”) and file a lawsuit for ownership transfer registration.
On November 6, 2016, the defendant clan adopted each resolution in attached Table 1 List 2 at the ordinary meeting of shareholders held on November 6, 2016.
The plaintiffs asserted that the above resolution made on February 23, 2014 and the above resolution made on November 6, 2016 were null and void, and they applied for a provisional disposition against E seeking suspension of the performance of duties as the representative of the defendant clan. On January 23, 2017, the court rendered a decision that "E shall not perform the duties as the representative of the defendant clan until the judgment on the invalidation of the appointment of representative, etc. became final and conclusive," and that "E shall not perform the duties as the representative of the defendant clan until the decision on November 6, 2016, because the resolution made on February 23, 2014 did not state the subject of election as the subject of the general assembly notification for the resolution was defective, and the decision on November 23, 2016 without recognizing the resolution made by the power of attorney."
(2) On April 10, 2017, E had raised an objection to the above decision, but the decision to authorize the original decision was made on April 10, 2017 ( Daejeon District Court 2017Kahap28, Nov. 5, 2017). The general meeting of the defendant clan was held on November 5, 2017, and the attending members shall be represented by the representative representative.