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(영문) 춘천지방법원 원주지원 2018.10.04 2017가합199
종중총회결의 무효확인
Text

1. Ascertainment that the Defendant’s resolution on special general meeting on June 4, 2016 is invalid.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. On October 24, 1994, the defendant filed an application for the registration number of a clan for the registration of a real estate at the original city of 194, and submitted the clan B Rules (hereinafter “instant Rules”) enacted on January 5, 198.

B. C was adopted by Ha, E, F, and G 4 children, and as a result, C’s 2 South E was adopted by H because C’s dynamics did not have children.

C. The Defendant held an extraordinary general meeting on April 27, 2014 according to the I’s notice of convening an extraordinary general meeting.

In the above special meeting, I appointed I as the chairperson of the defendant and decided to amend the articles of incorporation with the interpretation of the bylaws of this case as follows: C's descendants as well as H's descendants with respect to the scope of the defendant's closing members; and H's descendants as the defendant's closing members.

On March 28, 2015, the Defendant Council passed a resolution to succeed to the position of the defendant representative on March 28, 2015.

E. On March 30, 2016, Seoul High Court rendered a judgment that the Defendant’s resolution on the special meeting was null and void on April 27, 2014 on the grounds that the Defendant’s resolution on April 27, 2014 did not meet the quorum and the quorum (Supreme Court Decision 2015Na1777), and the said judgment became final and conclusive.

F. The Defendant held an extraordinary general meeting on June 4, 2016 according to the J’s notice of convening an extraordinary general meeting.

G. The Defendant held an extraordinary general meeting on January 13, 2018 (hereinafter referred to as “resolution of an extraordinary general meeting as of January 13, 2016”). A resolution of ratification, etc. of the resolution of an extraordinary general meeting as of June 4, 2016 (hereinafter referred to as “resolution of an extraordinary general meeting as of January 13, 2018”) was adopted at the said extraordinary general meeting.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 2 through 4, 7, Eul evidence Nos. 1 and 7 (including a branch number; hereinafter the same shall apply) and Won-si.

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