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(영문) 서울고등법원 2016.02.05 2015나2011869
회장선임결의무효확인 등 청구의 소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The plaintiff is a clan that is a joint ancestor of D 11 years of age E and that holds an ordinary general meeting at the E cemetery on June 10 of each year, when it is held on October 6 of that year.

The defendant is a member of the plaintiff's clan, who served as the chairperson of the 21st general meeting from October 6, 2010 to October 6, 2013.

B. The main contents of the Plaintiff’s bylaws concerning the appointment of executive officers are as follows.

Article 8 (Executives). The meetings shall have the following officers:

1. Chairman: one person;

2. Four vice-chairpersons;

3. Not less than five directors:

4. Auditor: two persons,

5. General affairs: one person;

6. Advisor: several names,

7. The preceding commissioner: Number of persons under Article 9.

1.The Chairperson and the Auditor shall be elected by the Assembly, and the Directors shall be appointed by the Board of Governors, having knowledge of each region and door and shall recommend the suitable and shall obtain the approval of the Assembly.

Article 10 (Term of Office for Officers)

1. The term of office of officers shall be three years and they may be reappointed;

Article 14 (Classification and Convocation of General Meetings): A general meeting shall be divided into an ordinary general meeting and an extraordinary general meeting, and the general meeting shall be held every year at the time of over 2/3,00, and the president shall immediately announce and call an extraordinary general meeting when requested by a resolution of the board of directors or by filing two-thirds or more bills.

Article 15 (Functions of General Meeting): A general meeting shall adopt:

3. Election and removal of officers;

5. Matters referred to the meeting of the board of directors and other important matters: The general meeting shall be comprised of not less than 20 members present at the general meeting, and be subject to the affirmative votes of a majority; and

Provided, That matters concerning the dismissal under Article 15 (3) and the property under paragraph (4) shall be decided with the consent of at least 2/3 of the members present.

Article 21 (Minutes): The minutes shall be prepared after the completion of meetings of each level, and shall be preserved with the signatures and seals of the Speaker and at least one executive officer present.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 3 evidence, purport of the whole pleadings

2. Determination on this safety defense

A. The Plaintiff’s president C who filed the instant lawsuit on behalf of the Defendant’s assertion on March 9, 2014.

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