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(영문) 대전고등법원 2019.05.23 2019나10482
정기총회 결의무효 확인
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance citing this case is as stated in the reasoning of the judgment of the court of first instance, except for adding the following judgments as to the allegations made at the trial of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure

2. Judgment on the plaintiff's assertion

A. On November 17, 2018, the resolution adopted at the ordinary meeting of the Plaintiff on November 17, 2018, which ratified the resolution of the Plaintiff’s assertion, is null and void due to the following procedural defects, there is a benefit to seek confirmation of invalidity of the resolution

① The above general meeting was convened by the acting director without the permission of the court, ② the acting director has no authority to preside over the resolution for appointment of the president of a clan; ③ the president was elected as the Speaker pro tempore who is not N who is the head of a clan, and theO has no authority to preside over the above general meeting, and the above resolution is null and void.

B. Determination 1) In a case where members of a clan regularly gather and deal with the church affairs of a clan at a certain place each year according to the rules or practices of a clan, it is not necessary to convene a separate clan meeting (see, e.g., Supreme Court Decision 2005Da36298, Nov. 17, 2018). If the purport of the whole arguments is added to the statements in the evidence No. 8, No. 12, and No. 13, the defendant clan was held on Oct. 10, 2010 each year, which is the date of the clan, according to the rules or practices of the clan, and it is recognized that the acting members of the clan were holding a general meeting and decided on the company affairs of the clan. According to the above recognized facts, the plaintiff's assertion that the convening procedure of the general meeting was not necessary for the separate convening procedure without any special reason for the plaintiff's convening procedure of the general meeting.

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