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(영문) 청주지방법원제천지원 2019.12.19 2019가합10319
대표자지위부존재확인 청구의 소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s first articles of incorporation (hereinafter “instant articles of incorporation”) was enacted on September 1, 2003. Of the contents, the parts related to the instant case are as follows.

Article 1 (Purpose) The purpose of the development of the village and the promotion of welfare and friendship shall be to promote friendship, and it shall be to improve the increase of nonfarm income through A Village.

Section 2 (Name) This Section refers to the “A Village Development Council”.

Article 5 (Classification and Qualifications of Members) These Members shall be composed of members of Cri Development Committee.

Article 6 (Loss of Eligibility) A person who emigrates to Section C shall lose his/her qualification.

Article 8 (Types and Fixed Number of Officers) One chairperson, one vice-chairperson, one auditor, and one general secretary.

The chairperson shall be appointed at the village council.

The vice-chairperson shall be appointed by the chairperson.

The secretary general shall be appointed by the chairperson.

An auditor shall be appointed by the Council.

Executive officers shall be elected from among members of the village association.

Article 9 (Election of Officers) The officers shall be elected at the ordinary meeting of shareholders.

Article 10 (Term of Office of Officers) The term of office of officers shall be three years and they may be reappointed.

Article 11 (Duties of Officers) The Chairperson shall represent this meeting and preside over general meetings and extraordinary meetings.

Article 14 (Residents' General Meeting) The Residents' General Meeting shall be classified into regular meetings and extraordinary meetings.

1. An ordinary general meeting shall be held once a year, and a resident representative shall be convened;

2. An extraordinary general meeting shall be convened by the representative of the Council, if more than a majority of regular members request to convene a meeting with the purpose of the meeting;

Meetings of the Council shall be held at the meetings of a majority of residents.

The representatives of the Council shall be elected with the consent of a majority of the members.

Provided, That in any of the following cases, the representative of residents may not be represented:

1. Incompetent or quasi-incompetent;

2. A resident who has not resided in the village for at least six months shall be a regular member of the Central Assembly under Article 15 (Organization of General Meeting);

Article 16 (Matters to be Resolved by General Meeting) Matters concerning the amendment of articles of incorporation and the exercise of rights to elect and dismiss officers

B. D is composed of the entire residents of Dai on December 20, 2017.

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