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(영문) 광주지방법원순천지원 2014.04.09 2011가합6091
종중회장 등 선출결의부존재 등 확인
Text

1. There is no resolution on the agenda in the attached Table set forth in the ordinary meeting held by the Defendant on November 23, 2012.

Reasons

1. Basic facts

A. The defendant is a clan consisting of descendants who are the descendants of AD, AE, AFm, AGm, and AHm that consists of the 7 years of age AB or 8 years of age AC of Zmpha, which consists of the dissolution of AD, AE, AFm, AGm and AHm. The plaintiffs are the members of the defendant's clan.

B. On November 15, 2010, the minutes of the general meeting held by the Defendant in 2010 on November 15, 2010, T-Chairperson, U, V are written as follows: (a) the Vice-Chairperson, AI, AJ; (b) the AK; (c) the AM; (d) the AM; (c) the AP; (d) the AS is a director; (e) the AS is a general director; and (e)

C. On November 5, 2011, the minutes of the general meeting of 2011 dated November 5, 2011 of the Defendant stated that all the resolutions to appoint executives of the general meeting of 2010 have been ratified.

In the minutes of the Defendant’s ordinary meeting of November 23, 2012 (hereinafter “instant ordinary meeting”), T is written as the president, U, V as the vice president, WW, X, andY as the representative.

E. Meanwhile, the Defendant’s main executive record is written as follows: U, V, directors AK, AK, AL, AM, N, AO, AP, AP, Q, AR, and auditor at the instant general meeting as the president of T, AJ, and Y elected.

F. The plaintiff and the defendant enacted and shipped the rules of the court on October 10, 1980 and the rules of the court on February 3, 2006 as the defendant's written questions, and among which the contents relating to this case are as follows.

[Rules of October 1980] Article 16 of the Assembly of the plenary session shall be divided into three types: a general meeting, a board of representatives, and a standing executive meeting.

Unless otherwise expressly provided for in other Articles, the proceedings of the general meeting shall be resolved with the consent of a majority of the members present, and the chairperson shall determine the numbers of votes.

Article 18 The tenth day of October of each year shall be the day of the ordinary general meeting, and the extraordinary general meeting shall be convened whenever necessary.

Except as otherwise provided in the provisions of other Articles of this Article, a resolution of the General Meeting of Representatives on all the affairs of the General Meeting shall have the same effect as a resolution of the General Meeting of Representatives.

Article 24 The board of representatives shall be October 1 of every year.

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