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(영문) 수원지방법원여주지원 2020.06.10 2019가합12052
총회결의무효확인의 소
Text

1. The Defendant confirms that a resolution entered in the attached list, which was made by the Assembly on November 11, 2019, is null and void.

2. The costs of lawsuit shall be.

Reasons

Facts of recognition

The defendant is a clan of which the "D" for the 31st descendant is a common ancestor, and the plaintiff is a clan member of the defendant clan.

On November 11, 2019, the Defendant made a resolution in the attached list (hereinafter “instant resolution”) at the general meeting.

[Ground of recognition] Fact that there is no dispute, Gap evidence No. 1-1, the purport of the whole pleadings, and the plaintiff's resolution of this case was not convened by the convening authority, and there was no legitimate convening notice.

In addition, despite the failure to meet the quorum prescribed by the defendant's articles of incorporation, there is a defect in the method of resolution in preparing minutes as if they arbitrarily forged the seals of clan members and meet the quorum.

Therefore, the resolution of this case is null and void.

Defendant E obtained F’s consent to the holding of the general meeting, who is a co-appellant, and adopted the instant resolution at the general meeting held on a customary date.

In addition, on March 10, 2018, F amended the defendant's articles of incorporation, and included a provision that F hold an ordinary general meeting on October 15, 2010, which is a clan member.

Therefore, even if the convening procedure of the instant resolution was omitted, it is effective.

In the absence of special circumstances, the general meeting of the clans shall determine the scope of the members of the clan subject to notification for convocation by the clan, and give each person an opportunity to participate in meetings, discussions, and resolutions of the clan general meeting held without a notification for convocation to some members of the clans, by individually giving them an opportunity to participate in the meetings, discussions, and resolutions, by individually giving them an opportunity to reside in the Republic of Korea and notify their whereabouts clearly.

However, if the members of a clan regularly meet at a certain place once a year in accordance with the rules or practices of the clan and set it in advance to handle the Buddhists of the clan, they shall not be notified of the convocation notice or resolution separately.

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