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(영문) 서울중앙지방법원 2019.01.17 2018가합516447
오씨대동종친회 총재 선임 결의 부존재확인
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

Basic Facts

The defendant is a clan that combines the 14 members of D. Since April 2013, the plaintiff was the president of the 23th unit of the plaintiff's clan in charge of all the duties of the defendant's clan.

On March 3, 2015, the Plaintiff stated that the regular board of directors of the Defendant clan held on the agenda such as the election of officers shall not be reappointed for the president. On March 4, 2015, the following day, the Plaintiff informed the members of the Defendant clan of this purport.

1) Around April 2015, the Plaintiff notified the representatives of the Defendant clan of the opening of the general meeting as a matter of election of executives, etc., and on April 24, 2015, the Plaintiff held a general meeting and reported the opening declaration and gender of the general meeting as a chairperson. At the above general meeting, 57 of the 211 representatives were directly present, and 59 persons delegated the Plaintiff’s authority through each power of delegation. 2) At the above general meeting, disputes arose between the representatives who want to elect E as president and the representatives who support the Plaintiff’s reappointment.

3) On April 2015, the Plaintiff notified the Defendant clan representatives of the Defendant clan that “Inasmuch as the invalidation of the general meeting was declared due to interference with the proceedings of certain delegates, etc. at the time of the instant general meeting, the Plaintiff shall hold an extraordinary general meeting on May 15, 2015 (a text message with the same content as on May 12, 2015).”

(1) On May 15, 2015, the day of the special general meeting, around 11:36, “A text message sent to the Plaintiff’s clan to reconvene the special general meeting on May 15, 2015 pursuant to Article 14(3) of the Defendant’s clan’s articles of association, and around 14:53 of the same day, “the Plaintiff was appointed to the 24th president of the Defendant clan from the third special meeting.” On July 1, 2015, E sent a text message stating that “The Plaintiff was appointed to the 24th president of the Defendant clan.” On behalf of the Defendant clan, E applied for the suspension of the performance of duties and the provisional disposition to appoint an acting president (Cheongju District Court 2015Kahap2111, October 24, 2015). However, the resolution of the Defendant’s clan from the general meeting on April 24, 2015 to the president of the Defendant’s clan on May 15, 2015.

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