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(영문) 서울중앙지방법원 2020.01.15 2017가합534622
종중결의부존재확인등
Text

1. The plaintiff (Appointed)'s primary claim and preliminary claim are all dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The defendant clan is a clan consisting of descendants, who set up D, who have set up the class of the class of the class of the family in the Joseon Dynasty, as its sub-sect, Empha, Fmpha, Gmpha, Hm, Impha, and Gmpha, and J, Kmpha, Lmpha, and Lmpha among the sub-sects of Gmpha, and the president of the defendant clan is elected at the meetings of the vice-president consisting of the above eight branches of the branch.

The plaintiffs (appointed parties) and the appointed parties are the members of the defendant clan.

B. C is continuously reappointed after being elected as the president of the Defendant clan on June 15, 2006, and his term of office expired on December 20, 2016.

C. On December 15, 2016, C issued a notice of convening a vice-chairperson meeting, and on December 20, 2016, C again passed a resolution to appoint C as the chairperson of the Defendant clan with the consent of M (Emp Chairperson), N (Fmp Chairperson), C (Chairperson and Vice-Chairperson of Defendant clan), C (Chairperson and Vice-Chairperson of Defendant clan), and P (Lmp Chairperson) at the vice-chairperson meeting (hereinafter “instant meeting”) held on December 20, 2016.

(hereinafter referred to as “instant resolution”). N submitted a written resolution. D.

The provisions pertaining to this case among the rules of the defendant clan are as follows:

Article 8 (Appointment of Officers) The executive officers of the plenary session shall be appointed as follows:

1. The president and the standing vice-president shall be reappointed at the meeting of the vice-president;

2. The president shall be the president of each branch of chapter 5 (five branches) and the president of each site of chapter 5 (3);

Article 10 (Term of Office of Officers) The term of office of officers shall be three years, and they may be reappointed.

Article 14 (Meeting of Chairperson)

1. Meetings of the chairperson shall be comprised of the chairperson, vice-chairperson, and secretary general, and shall be convened by the chairperson;

2. Meetings of the Chairperson shall resolve to coordinate and coordinate important agenda items for the operation of the Committee.

§ 16 (Resolution) Meetings of the Chairperson and meetings of officers shall be decided by the consent of a majority of all incumbent officers and by the consent of a majority of the number of members present, and by the Chairperson when the same number is equal.

Article 24 (Disciplinary Action) Members who violate the plenary session rate or impair their honor, and who create in and outside the country fire, shall hold a meeting of the plenary session.

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