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(영문) 수원지방법원 2014.11.21 2013가합28431
임시종중총회결의 무효 확인
Text

1. On November 30, 2013, the Defendant appointed Nonparty F as the president and Nonparty G as the vice president at the temporary middle-class meeting of the Defendant on November 30, 2013.

Reasons

1. Basic facts

A. The defendant is a clan of unique meaning that consists of descendants of H 15 years of age I, and the plaintiffs are the defendant's clan members.

B. On August 28, 2010, Plaintiff A requested the Plaintiff to convene an extraordinary general meeting on or around February 22, 2011 while being elected as the Defendant’s president and performing his duties, and Nonparty J and 246, which is the Defendant’s clan, demanded the Plaintiff to convene an extraordinary general meeting. However, Plaintiff A rejected Plaintiff A’s motion by asserting that “only 34 descendants who were residing in the territory of Suwon-si, Suwon-si, 1918 among the descendants of Plaintiff I, were 9 descendants.”

C. After that, Nonparty L, which is the Defendant’s clan, and 315 other members of the Defendant’s clan, filed a lawsuit seeking confirmation against the Defendant that the Defendant is in the Defendant’s clan status as the Defendant’s clan member by this Court 201Gahap10917, and won the judgment. The judgment on June 13, 2013 became final and conclusive after the appellate court and

(However, 67 of them were dismissed on the ground that they did not grant the power of representation to the attorney at the appellate court. (D)

Plaintiff

A, while the appellate court of the above confirmation lawsuit, held a clan general meeting on December 13, 2012 only 89 among the defendant clan members, and at the general meeting, the plaintiff A was elected as the chairperson of the defendant.

E. After that, around August 5, 2013, the non-party M et al. and 272 of the defendant's clans requested the plaintiff A to convene an extraordinary general meeting to elect a new clan chairperson, but the plaintiff A rejected it.

F. Accordingly, M and 272 filed an application with this court to permit the convening of an extraordinary general meeting for the appointment of one chairperson and one vice-chairperson (2013 non-joint77). On October 11, 2013, this court accepted the above application and rendered a decision to permit the convening of an extraordinary general meeting by the defendant.

G. According to the above decision, M et al. and 272 sent a notice of convening an extraordinary general meeting to 659 members of the Defendant’s clan from October 28, 2013 to November 22, 2013. On November 1, 2013 and around November 22, 2013, the N press, the O press, and the P press have an extraordinary general meeting.

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