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(영문) 광주지방법원 2015.06.19 2014가합9313
이사회결의무효확인
Text

1. Of the instant lawsuits, the part of the claim for confirmation of invalidity of each resolution listed in paragraphs 1 and 3 of the attached resolution by the board of directors shall be dismissed.

2...

Reasons

1. Basic facts

A. The defendant is a non-corporate clan (hereinafter "Defendant clan"), which consists of descendants of H, who are members of H, and the objective of which is the management and protection of the clan properties, the management and protection of the clan properties, the friendship among the clan members, etc., and the plaintiffs are part of the defendant clans.

B. The general assembly of the defendant clan and the board of directors 1) the rules of the defendant clan (hereinafter “instant rules”).

(2) Article 11 of the Rules of this case provides that “The matters delegated by the general meeting, the deliberation and revision of the provisions of Article 11, the deliberation and revision of the budget and settlement of accounts, the deliberation on the management and disposal of property, the approval of the additional revision budget, the approval of the additional revision budget, the functions of the general meeting on behalf of the general meeting and the approval of the next general meeting when there is no time to convene the general meeting.”

C. On December 5, 2014, the Defendant clan passed a resolution of the board of directors on December 5, 2014 of the Defendant clan held a board of directors meeting on December 5, 2014, and passed a resolution the same as the resolution of the attached board of directors (hereinafter “each of the instant resolutions”), and the details of the instant resolution are as follows.

1) As a part of the clan welfare project, the defendant clan decided to distribute part of the proceeds from selling the land owned by the defendant clan in the Yong-dong in Gwangjubuk-gu to 392 members of the defendant clan, each of 5,494,000 won for the members of the defendant clan, 1,098,900 won for the non-members of 19 years of age for the non-members of 19 years of age, and 2,197,800 won for the spouse of the male members for 148 members, respectively. 2) The clan rules and amendments to the regulations are in violation of the existing clan rules and Article 17 of the Discipline Regulations (the plenary session rules or regulations) for the reward and disciplinary action regulations.

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