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(영문) 대전지방법원천안지원 2017.07.14 2016가합101580
대표자지위 부존재 확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are assessed against C (D) who is represented by the plaintiff.

Reasons

1. Basic facts

A. The Defendant is the chairperson of the Plaintiff clan from July 26, 2015.

B. On March 1, 2016, the Plaintiff’s ordinary meeting convened by the Defendant was held on March 1, 2016 (hereinafter referred to as “instant ordinary meeting”), and 17 clan members including C, E, F, and the Defendant were present at the above ordinary meeting.

C. The above C, E, F, etc. demanded at the instant ordinary meeting that the Defendant’s qualification as a member of the Plaintiff’s clan be suspended for three years, but the Defendant refused to present the above agenda and went out of the closed session declaration.

After that, 15 of the remaining 16 members, other than the defendant, agreed to suspend the qualification of the plaintiff's clan member for three years, a resolution was made to suspend the qualification of the defendant's clan member for three years.

(hereinafter referred to as the “instant disciplinary resolution”). At the general meeting of the instant case, a resolution was made to appoint C as a representative of the Plaintiff’s representative with the consent of 16 members present at the meeting of 16 members of the clan, including C, E, and F, immediately after the instant disciplinary resolution was adopted.

(hereinafter the above acting director’s resolution to appoint the acting director is referred to as “the instant resolution to appoint the acting director.”

After April 3, 2016, the Plaintiff’s extraordinary meeting convened by C was held (hereinafter referred to as “instant extraordinary meeting”) and 21 members of the clan, including C, E, and F, attended the said extraordinary meeting (the Defendant did not attend the meeting) and made a resolution to appoint C as the chairperson of the Plaintiff.

(hereinafter the above resolution is referred to as "the resolution of the special general meeting of this case"). 【The ground for recognition】 The fact that there is no dispute, Gap evidence 2 and 3, Eul evidence 1, and the purport of the whole pleadings.

2. The defendant asserted that the plaintiff's ground of appeal was suspended from his qualification as a clan member according to the resolution of the disciplinary action of this case, and thereafter, C was appointed as a new president according to the resolution of the special general meeting of this case, the defendant made the resolution of this case.

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