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(영문) 서울중앙지방법원 2016.01.22 2015가합16939
종중총회결의무효확인
Text

Each resolution listed in attached Form 1 at the Assembly of November 19, 201 by the Defendant and attached Form 2 at the Assembly of July 20, 2012 by the Defendant.

Reasons

Basic Facts

The defendant is a clan that is the six-year-old descendants of E, who are the six-year-old descendants of F and consists of descendants, and the plaintiffs are the defendant's clan members.

The defendant's clan rules provide for the appointment of officers including directors and the convocation of a general meeting as follows:

(A) The clans No. 1. Article 6 (Organization and Term of Office) of the clan Regulations shall have the board of directors and shall be composed of the following officers:

The term of office shall be three years.

Provided, That the reappointment may be allowed.

(2) One representative: Not more than 32 directors. Article 8 (Representative) (2) The representative shall be appointed from among the directors by secret voting at an ordinary general meeting, but the highest person who has obtained votes shall be the elected person as the elected person.

Article 12 (Directors) (1) Directors shall be appointed at a general meeting and shall be members of a clan who can actively cooperate with the purpose of this clan and with deep interest in the clans.

(5) The number of directors shall be the same proportion as H and I.

Article 16 (Convocation of General Meeting) (1) An ordinary meeting shall be held in November of each year, and a notice of convocation shall be given in writing by the general secretary ten days before the meeting is held.

An extraordinary general meeting shall be convened by a resolution of the board of directors as necessary.

On October 10th of the year, only the progress of the general meeting shall be reported.

(2) A general meeting shall be convened by the representative.

Article 17 (Quorum of General Meeting) (1) A general meeting shall be convened with the attendance of not less than 100 clan members on the day (including the delegation) and pass resolutions with the consent of not less than 2/3 of the members present.

2. If there is a shortage of votes in two-thirds of the quorum for the above-mentioned one-third of the votes, the Speaker shall decide whether to make a resolution.

Matters to be resolved at an ordinary general meeting under Article 18 shall be as follows:

② On November 19, 2011, the Defendant’s appointment and dismissal of officers shall hold a clan general meeting (935 members present at the clan on the basis of 13:00, and 2,279 members present at the clan) as shown in attached Table 1, such as the appointment and dismissal of directors and representatives.

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