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(영문) 서울동부지방법원 2018.09.20 2017가합113097
종중총회결의무효확인
Text

1. At an ordinary meeting held by the Defendant on March 28, 2017, the Defendant’s bylaws are as shown in the attached Table.

Reasons

1. Facts of recognition;

A. The defendant is a clan consisting of descendants of FC G, and the plaintiffs are the members of the defendant's clan.

B. H, Plaintiff A, B, and C filed an application for provisional disposition of suspending the performance of duties with respect to I, who was appointed as the president at the general meeting of shareholders in Seoul Eastern District Court 2016Kahap177, on April 7, 2016, as the Defendant’s president, and the said court decided on June 29, 2016 to suspend the performance of duties with respect to I, and on August 29, 2016, decided to appoint J as the Defendant’s acting president.

C. On March 28, 2017, at the Defendant’s ordinary meeting held on March 11:10, 2017, the Defendant’s minutes stated that a resolution (hereinafter “instant resolution”) was made on the agenda with respect to which the Defendant’s bylaws were amended as stated in the attached list (hereinafter “instant agenda”).

F.C. § 7. Appointment of executive officers and auditors

1. The chairperson shall be estimated by the operating committee and obtain approval from the general meeting;

Provided, That if the approval is not granted, the steering committee shall be held within seven days to re-convened, and an extraordinary general meeting shall be held and approved within 30 days.

Until approval is granted, the immediately preceding president shall exercise general control over the affairs.

3. The auditor shall be appointed at a general meeting from among persons who are presumed by the operating committee;

4. The Operating Committee shall be set out in Chapter VI.

Article 11 (Convocation of General Meeting)

1. An ordinary general meeting shall be held at a second-class room after the end of the Chuncheon next day of the tolerance of the public officials (Seoul 1st day of March); and

3. The president shall convene a general meeting, and the general meeting shall be announced publicly on the closing day of the general meeting; and

Article 12 (Proceedings of General Meeting)

2.The Assembly shall be composed of not less than 70 adult members (including delegations), its intention shall be decided with the consent of a majority of the members present, and in the case of the numbers of votes of approval and disapproval, with the chairperson.

Provided, That the proxy presenter and the minor shall not have voting rights.

§ 17 (Functions of Board of Directors) The Board of Governors shall deliberate and decide on:

1. Matters to be referred to a general meeting: Provided, That among those referred to a general meeting, the chairman at the operating committee shall be replaced;

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