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(영문) 대전지방법원 2017.09.20 2016가합101994
총회결의무효확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.

Reasons

1. Basic facts

A. Both the Plaintiff, the Intervenor and the Defendant are members of the clan of the Defendant (hereinafter “Defendant or the Defendant clan”), and E are the Plaintiff’s mother.

B. On March 1, 2014, the Defendant held an extraordinary general meeting (hereinafter “instant extraordinary meeting”) and made a resolution to sell 10,945 square meters of land DD in Sejong Special Self-Governing City with the consent of 45 persons among 60 persons present (hereinafter “instant resolution”).

[Ground of recognition] Facts without dispute, entry of Eul-B or 3 evidence (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. Since the Plaintiff’s extraordinary general meeting of this case has the following defects, the instant resolution is null and void.

1) The total number of the members of the clans indicated in the minutes of the instant special meeting (No. 3-3) and the instant resolution (No. 3-2) are arbitrarily recorded without any grounds. The proxy delegation letter pertaining to the instant special meeting includes a person who has come to another family and is not a member of the Defendant clan. 2) The instant special meeting was conducted without giving notice to the members of the Defendant clans for convening the general meeting.

3) There are only 12 signatures on the annual list of the members present at the end of the minutes of the instant special meeting, and the proxy delegation letter relating to the instant special meeting is 13 copies. Although the above two are combined to 25 persons, the instant resolution is recorded as 60 persons present at the instant general meeting. 4) The 3 persons present at the annual list of the members present at the instant special meeting, who are the Plaintiff and the Plaintiff’s punishment. The said 3 persons are omitted on the annual list of the members present at the instant special meeting.

B. Defendant and Defendant 1) held an extraordinary general meeting of this case to all clan members, including those who come to another family, through legitimate procedures, such as convening a notice, etc., and made the resolution of this case. 2) Even if some defects exist in the resolution of this case, the Defendant took an extraordinary general meeting on January 30, 2017.

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