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(영문) 대전지방법원천안지원 2019.08.23 2018가합101928
총회결의무효확인 등 청구의 소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. Defendant B’s clan (hereinafter “Defendant clan”) is a clan of the age E (F) and F (H) of the DP, and the Plaintiff was appointed as the president at the ordinary general meeting of the Defendant clan held on January 10, 2016.

B. On December 2, 2017, Defendant clan held a general meeting on December 2, 2017, and some of the members at the above general meeting claimed that the new president should be elected since the Plaintiff’s term of office expires. A resolution was made to appoint Defendant C as president by some of the members.

(hereinafter referred to as “instant resolution”). C.

On April 17, 2018, the Daejeon District Court rendered a decision 2018Kahap10031 dated April 17, 2018 to suspend the performance of duties as the president of the defendant clan of the defendant C until the judgment on the merits became final and conclusive on the grounds that the plaintiff's application for the provisional disposition of suspending the performance of duties against the defendant C was defective.

On July 27, 2018, 97 members, including Defendant C, filed an application for special meeting call with the competent court on the following matters: (a) amendment of the rules of the president system, etc. of the organization to be established under the jurisdiction of the Republic of Korea; (b) election of the president and officers of the organization to be established under the jurisdiction of the Republic of Korea; and (c) the Daejeon District Court rendered a decision on November 8, 2018 on the amendment of the rules, such as the presidential election system, and the election of the president and officers of the organization to be established under the jurisdiction of the Daejeon District Court; and (d) the application for the special meeting call on matters concerning the clan property was dismissed.

(hereinafter referred to as “decision on Permission to Convene the Special General Meeting of this case”).

According to the decision to permit the convening of the special meeting of this case, Defendant C was appointed as the chairperson of Defendant C at the special meeting of the Defendant clan held on December 8, 2018.

hereinafter referred to as "Resolution of December 8, 2018" is referred to as "Resolution of December 8, 2018."

(ii) [The facts without dispute over the basis of recognition, Gap's entries in Gap's evidence No. 1, 3, 5, 6, 7, 8, 15, Eul's evidence No. 13, and the purport of the whole pleadings.

2. Determination as to the defendants' main defense

A. The defendants asserted by the parties are the defendant clans.

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