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(영문) 춘천지방법원 2017.05.17 2016가합50535
총회의결무효확인
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 clan is a naturally created family group that is set up in C20 years of age and is composed of descendants of C20 years of age, and is an unincorporated association for the purpose of protecting graves and conducting religious services. The plaintiff is a member of the defendant clan, who has been performing the duties of the chairperson of the defendant clan since 2004.

The executive officers of the defendant clan consist of one chairperson, two vice-chairpersons, four directors, one auditor, one general secretary, and nine in total.

B. On September 2015, the Plaintiff filed a civil lawsuit against the Defendant clan to the effect that “the Plaintiff shall pay expenses incurred by the Defendant clan in the course of performing its activities to recover the property of the Defendant clan” and did not hold the general and extraordinary general meetings of the Defendant clan since 2013.

C. On March 21, 2016, the vice-chairpersons E, directors F, auditors G, and general secretary H demanded the Plaintiff, who is a person holding the authority to convene an extraordinary general meeting, to jointly convene an extraordinary general meeting pursuant to Article 12(2) of the Rules of the clan’s clan. However, the Plaintiff rejected the request on the ground that H was not an executive officer due to his/her resignation.

Accordingly, E, F, G, and H decided to convene an extraordinary general meeting on April 2, 2016. On March 24, 2016, they sent a notice of convening an extraordinary general meeting to 50 members of a clan under joint signature, and the rest of the clans knew of the convocation of an extraordinary general meeting by oral or telephone.

E. In the special meeting of the Defendant clan held on April 2, 2016 (hereinafter “special meeting of this case”), 16 clan members, including its officers, attended the general meeting of the Defendant clan, and 50 clan members submitted the power of delegation of voting rights to the special meeting.

Article 8 (Duties of Officers) The duties of officers of the Board shall be as follows:

1) The president represents the principal meeting, directs the operation of the plenary session, and shall preside over all meetings. 2) The president assist the president, and the latter among the vice presidentss of the plenary session shall act on behalf of the president.

Article XII. Meetings shall be classified and made.

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