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(영문) 대구지방법원 영덕지원 2018.09.20 2018가합55
총회결의무효확인 청구의 소
Text

1. The Defendant dismissed the Plaintiff from office at an extraordinary general meeting held by the Defendant on May 30, 2018 and elected a new principal.

Reasons

1. Facts of recognition;

A. The Defendant is a natural village consisting of the residents of the Gyeong-gun in the Gyeongbuk-gun, and is a non-corporate body that has autonomous rules on its organization and operation, which is a general meeting and representative, which is a decision-making body. The Plaintiff is a person who started the term of office on June 21, 2017 after the Defendant was appointed as a principal at the general meeting of the Defendant.

B. Under the initiative of C and D, the Defendant’s extraordinary general meeting, the agenda of which is whether or not the Plaintiff’s re-determination was made, was held on May 30, 2018 (hereinafter “instant extraordinary meeting”); and the above general meeting adopted a resolution stating that “26 of the 28 participants shall dismiss the Plaintiff and elect D as they oppose the Plaintiff’s re-determination.”

The resolution of the general meeting of this case is referred to as the "resolution of this case".

(1) The purpose of this article is to ensure the harmony and village development of residents, to preserve the natural landscape, to operate a village organization reasonably, and to achieve a fright community. Article 4 (Qualification and Composition of Officers) of the Village is as follows. (2) The composition of executive officers of the Village shall be composed of two chapters, Saemaul leaders, senior citizens, heads of farming groups, heads of women, auditors (2), heads of Bans (2), similar persons (2), and operating members). (1) The purpose of this article is to comply with the Rules of the Village, to implement the Village Work by gathering the purport of the residents for the convenience and honor of the residents, and to represent the Village and to act as the chairperson of the General Meeting. (2) The Saemaul leader shall act as the leader and the head of the General Meeting for the harmony of the residents. Any person who has contributed to the development of the Village shall not give a reward to the Steering Committee and approval of the Steering Committee, or shall not engage in any illegal construction, development or commercial activity.

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