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(영문) 수원지방법원 성남지원 2018.09.07 2017가합404401
임시총회결의무효
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The defendant is a clan in which the 14 descendants of CC Si's "D" are co-owners and consists of descendants, and the plaintiff is a member of the defendant's clan.

B. On November 29, 2015, the Defendant’s clan F, located in Gwangju-si on November 1, 2015, held a meeting of executive members for the preparation of a general meeting for the Defendant’s re-building, etc. at H, I, J, K, L, etc. In the above meeting of executive members, H was elected as a temporary head of F, temporary general director at a temporary meeting. 2) After the F, on November 24, 2015, the Defendant’s clan F, located in G, shall hold a general meeting for the members of the clan on November 29, 2015, including the approval of the articles of association and the appointment of executive members, including the president of the clan.

“C) On November 1, 2016, at the ordinary meeting held on November 29, 2015, 2015, 14 members directly attended the general meeting and 13 members submitted a written resolution. At the above general meeting, the articles of association of the clan approved as a member of the clan (hereinafter “instant articles of association”) and, with the consent of 26 members except for one member of the clan, H was elected as a member of the F clan and as a member of the general secretary. (c) On November 9, 2016, H elected as a member of the Defendant’s general secretary was called “MM and B clan” in the name of “MM and B clan,” a notice for convening an extraordinary meeting to dismiss the members of the clan from office, etc. in the name of “F from office of the head of the clan located in G in Gwangju-do, Gwangju-do.”

2) In the special meeting called as above, the F was dismissed from office of the president of the clan, and the resolution was made to appoint A as the president of the clan. D. The Defendant’s clan F, under the name of the Defendant, shall hold an extraordinary general meeting on the agenda of dismissal of the Defendant’s clan executives at the clan office located in Gwangju-si N, Gwangju-si, with the Defendant on January 3, 2017.

2) As above, the special general meeting held on January 14, 2017 (hereinafter “instant meeting”).

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