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(영문) 대구지방법원 안동지원 2018.05.10 2017가합3519
종중총회결의무효확인
Text

1. Of the instant lawsuit, the Defendant’s board of directors, on March 6, 2017, dismissed the Plaintiff from the Chairperson.

Reasons

(2) On March 27, 2017, the lower court issued a notice of convening an extraordinary general meeting of the president as of March 27, 2017.

On March 27, 2017, the Defendant ratified a resolution of dismissal from office as of March 6, 2017 (hereinafter “resolution of dismissal from office as of March 27, 2017”) with 76 marks of 96 out of total 96 marks, and C was appointed as the chairperson of the Defendant (hereinafter “resolution of appointment from office as of March 27, 2017”).

On November 17, 2017, the Defendant re-appointed C from the ordinary general meeting on November 17, 2017 to the president (hereinafter referred to as “re-election resolution on November 17, 2017”) as the 71st of all 85 votes.

E. The defendant's clan rules amended on October 26, 2011 (hereinafter "the defendant's clan rules") is "the Rules of this case."

The provisions pertaining to this case in the Assembly are as follows. The Executive Officers of the Assembly shall be appointed at the Assembly as follows. The Executive Officers of the Assembly shall be the Chairperson, two Vice-Chairpersons, one Secretary General, one Secretary General, two Auditors, and several Directors shall be held concurrently, the President of the Government, the Secretary General, and the Finance of the Board of Directors shall be held as well as ten standing directors. * The term of the Executive Officers of Article 5 shall be two years, which may be reappointed, and the term of office of the Executive Officers of the Board may be reappointed, and the term of office shall be fixed at the next Assembly and shall be fixed at the next General Assembly, and the term of office shall be fixed at the latter General Assembly and the extraordinary General Meeting of the Board of Governors. Article 8 shall be held once a year, and a resolution shall be replaced by the Executive Meeting with the consent of two thirds or more of the members present on the preceding day of the House. The meetings shall be convened by the Chairperson, with the consent of the majority of the members present on the register, and shall be subject to the subsequent resolution and approval of Article 10:

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