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(영문) 대전고등법원 2019.05.02 2018나16001
종중회장선임결의부존재 확인
Text

1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The costs of appeal are assessed against C as the representative of the Plaintiff.

Reasons

1. The court of first instance rejected the plaintiff's main lawsuit and the defendant's counterclaim respectively, and only the plaintiff appealed to the main lawsuit of the judgment of the first instance.

Therefore, the scope of the judgment of this court is limited to the main part of the judgment of the first instance.

2. Basic facts

A. The Plaintiff has six clans under the jurisdiction of a clan consisting of adults aged 20 or older among the descendants of D.

C was elected as the president of the Plaintiff on January 31, 2015.

B. On February 25, 2018, C, as the president of the Plaintiff, held the Plaintiff’s general assembly (hereinafter “instant general assembly”).

The Assembly of this case elected two representatives for each six branch waves.

During the general meeting of this case, the 12 representatives of the strike, newly elected, opened a separate meeting of executive officers (hereinafter referred to as the “instant meeting of executive officers”) and elected the latter president due to the expiration of the C’s term of office.

The election of the chairperson was run by C and the defendant, and C and the defendant received 9 marks, respectively, as a result of the ballot counting, and at the meeting of the executive members of this case, the defendant was elected as the chairperson.

The defendant elected as the president at the general meeting of this case was resolved to ratification the appointment of the president.

C. The Plaintiff’s bylaws related to the instant case are as indicated in the attached Form “main contents of the Plaintiff’s bylaws.”

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, Eul evidence Nos. 1, 2, and 4, the purport of the whole pleadings

3. The parties' assertion

A. The plaintiff's assertion is that the defendant is not the chairperson of the plaintiff for the following reasons, and C is the chairperson of the plaintiff.

1. The instant general assembly was convened not by the ordinary general meeting but by the extraordinary general meeting without going through the procedure of convening the extraordinary general meeting. The instant general assembly was not lawfully held.

In addition, the resolution of appointment of the representative of each branch of the instant assembly and the resolution of ratification of appointment of the president against the defendant at each branch of the instant assembly shall be the quorum and the quorum.

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