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(영문) 대전지방법원 2019.01.16 2018가합101486
정기총회 결의무효 확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Basic Facts

The defendant clan is a natural family organization formed for the purpose of the protection of graves, religious rites, and friendship between descendants, of which the defendant clan F is 24 years of age as a Si group, and is a natural family organization formed for the purpose of friendship between descendants, and the plaintiff shall be the full-time chairperson of the defendant clan.

At the ordinary meeting of the defendant clan held on November 27, 2017 (hereinafter referred to as the "ordinary meeting of this case"), the plaintiff, who had held the above ordinary meeting, declared its closure and retired from the office.

Some of the members remaining in their jobs elected G as the Speaker pro tempore and decided to elect clan officers. A resolution was made to appoint C as the president of the clan and D as auditors (hereinafter referred to as the “resolution of this case”) to appoint each member of the remaining members of the clan as the chairman of the clan and D as auditors.

Article 11 (Election) The officers of this Meeting shall be elected as follows:

The Chairperson and the Auditor shall be elected at a general meeting.

Article 14 (Meetings) The meetings of this Council shall be held at a general meeting, extraordinary general meeting, or board of directors.

Article 15 The ordinary general meeting shall be held on October 10 of each year, and the extraordinary general meeting shall be held when deemed necessary by the members of the clan or the board of directors, and the functions thereof shall be as follows:

Deliberation on agenda items;

(b) Approval of budget and settlement of accounts;

(c) Replacement of executives;

(d) Amendment of the constitutionalism;

E. The general meeting or extraordinary general meeting of the Assembly under section 17 (Quorum) of the deliberation on all matters for the development of the Assembly shall be held by the members present at the date of the Assembly.

Article 19 (Functions of General Meeting) Any decision on the agenda with the consent of a majority of present members or more.

Provided, That in cases of numbers of approval and disapproval, the chairperson shall determine.

When the relevant member is unable to attend each meeting under Article 22 due to an individual's circumstances, he/she may delegate his/her voting right to another member.

The minutes of each meeting under Article 23 shall be prepared, and the list of members present shall be recorded in such minutes.

Provided, That the delegated person in writing shall be deemed to have attended, and the power of attorney shall be kept together with the minutes.

The rules of the defendant clan related to the case are as follows.

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