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(영문) 대전지방법원천안지원 2015.12.04 2014가합103902
종중회장선거무효확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is the current representative of the defendant clan and C is the current representative of the defendant clan.

1. The Plaintiff shall not perform the duties of the Defendant’s representative until an extraordinary general meeting for the appointment of a new middle-class representative is held under the supervision of the acting representative under the following 2.

2. The attorney-at-law shall be appointed as the representative and acting representative of the defendant during the period of the above suspension of execution;

3. Ascertainment that the representative appointed by the above extraordinary general meeting has legitimate power of representation of the defendant.

B. At the time, C applied for the suspension of performance of duties and the provisional disposition to appoint an acting representative to the court on September 19, 2014 against the Plaintiff, a representative of the Defendant, and on October 10, 2014, the following conciliation was established in the instant provisional disposition case:

(No. 2014Kahap93). 1. The acting representative of the defendant representative shall convene the 2014 ordinary general meeting on December 7, 2014 at the 12th floor of the Fwa Holdings E, the election of the defendant president, etc. on December 7, 2014, and run the 2014 general meeting.

2. The plaintiff, who was the representative of C and the defendant, may call a notice of convening the above general meeting for the clan members, and thereafter, he/she shall not raise any objection against the legality of convening the general meeting for the above general meeting.

3. If a member of the defendant's clan submits a letter of delegation because he/she was unable to attend the ordinary general meeting under paragraph (1), the letter of delegation shall designate the delegated person and affix his/her seal impression thereto;

4.At the ordinary meeting under paragraph 1, participation shall be made by G, H, I, and J as its proceeding staff.

5. Matters not prescribed in this decision among the procedures for an ordinary general meeting under paragraph (1) shall be governed by the accused regulations.

6. The ordinary general meeting under paragraph (1) shall be deemed to fall under an extraordinary general meeting as stated in paragraph (1) of the conciliation protocol for a case involving suspension of the performance of duties and a provisional disposition to appoint an acting director of this court.

C. In addition, C filed a lawsuit against the Defendant seeking confirmation of the representative of the clan in this court on March 4, 2014, and on November 8, 2014.

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