(영문) 의정부지방법원 2018.04.27 2017나8716

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(영문) 의정부지방법원 2018.04.27 2017나8716

구상금

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1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. The principal lawsuit and counterclaim shall be deemed to be a same.

A. On May 27, 2008, Defendant clan purchased from Dongcheon-si D 1,373 square meters and accommodation facilities with five stories above the ground (hereinafter referred to as “the instant telecom”) in KRW 2.2 billion and completed the registration of ownership transfer on July 22, 2008 (the representative of Defendant clan shall be “Plaintiff” in the instant telecom book, and “G” in the site registry).

B. On October 30, 2008, the defendant clan decided to obtain a loan of KRW 700 million from the Seocheon Agricultural Cooperative (hereinafter "Ycheon Agricultural Cooperative"), and on November 21, 2008, the defendant clan completed the registration of establishment of a neighboring family with the plaintiff as the debtor (hereinafter "registration of establishment of a neighboring family of this case"), and as of December 5, 2008, the "representative of the defendant clan" as the debtor was loaned KRW 700 million from the Socheon Agricultural Cooperative as the debtor.

C. On May 28, 2010, at the general meeting of the Defendant clan established a new provision under Article 15(2) stating that “The president and vice president shall succeed to the F and shall be elected from among F and shall be subject to the consent of the general meeting” (hereinafter “instant provision”).

The provisions pertaining to the instant case in the present agreement at the time are as follows.

Article 15 (Qualification, Election and Term of Office of Officers)

2.The Chairman and Vice-Chairman shall be elected from among F categories by succession, and authorized by the Assembly;

Article 23 (General Meetings) The general meeting shall be held in March of each year, and the special meeting shall be convened by the chairperson in any of the following cases:

1. Where the chairman deems it necessary;

2. Where not less than 1/3 of representatives request in writing, specifying the purpose of and reasons for the convocation.

3. When not less than 1/2 of the directors request the convocation of a general meeting as provided in Article 24 (Organization and Convocation of General Meeting), the general meeting shall be composed of representatives, and the chairperson shall convene the general meeting, but the president shall act for the vice-chairperson;

A general meeting shall be convened at least seven days prior to the date of the meeting.

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