(영문) 서울고등법원 2015.04.16 2014나43122

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(영문) 서울고등법원 2015.04.16 2014나43122

종회결의 무효확인

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 defendant is a clan that is five years of age in D Sin-5 and its son F as a joint ancestor and is composed of descendants, and the plaintiff is a full-time representative of the defendant's member.

B. On February 16, 2013, the Defendant’s extraordinary general meeting (hereinafter “instant special meeting”) held around 13:00, passed a resolution, such as attending 36 members of the clan to dismiss the staff of the clan (the president, vice-chairperson, auditor, director, and secretary) at the time, and to elect C, etc. as a new officer of the Defendant (hereinafter “resolution to elect C as a new officer”; hereinafter “instant resolution”).

Article 10 (Meetings)

1. The general meeting shall be held on October 7 each year, and the special meeting shall be held on October 7 when the chairperson deems it necessary and at the request of a majority of the directors or at least one third of the members of the general meeting;

Article 11 (Resolution) A resolution on the general and extraordinary general meetings shall be adopted with the attendance of not less than ten members and with the concurrent vote of a majority of the present members or more, and a resolution of the board of directors shall be adopted with the attendance of not less than two thirds of all members and with the concurrent

Article 12 (Matters to be Resolved) The matters referred to the general meeting shall be as follows:

3. Election of executives;

C. Of the Defendant’s bylaws enforced at the time of the instant special general meeting, the contents relating to the instant case are as follows.

[Reasons for Recognition] The facts without dispute, Gap evidence 3-1, 2, Gap evidence 4-10, Eul evidence 3-4, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. In the absence of special circumstances, the general assembly of clans shall participate in meetings, discussions, and resolutions by each of all members of the clans who are recorded in the clans as well as by other members of the clans who are not recorded in the clans, including these members, for whom the scope of the members of the clans subject to the notification of the general assembly was determined, and their whereabouts are clearly residing in Korea and notified individually to all members of the clans.

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