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(영문) 전주지방법원군산지원 2014.07.24 2014가합194
종중총회결의무효확인
Text

1. Of the instant lawsuit, the attached list No. 1, which was held by the Defendant on August 2, 2013 at a clan general meeting held on August 2, 2013.

Reasons

1. Basic facts

A. The plaintiffs are the defendant's senior members.

B. Around 11:00 on August 22, 2013, the Defendant: (a) held an extraordinary general meeting of the Defendant; (b) around 11:00, the Defendant rejected the amendment of the rules under Paragraph (1) of the attached Table in the instant Extraordinary meeting; (c) however, the Defendant made a resolution to appoint G as the chairperson of the Defendant; (d) delegated the appointment of directors and auditors to G, who is the new chairperson; and (e) made a resolution to change the Defendant’s location (hereinafter “instant resolution”).

C. Article 18 (General Meeting) of the Defendant’s relevant rules is classified into the general meeting and the extraordinary general meeting with the highest deliberative organ.

2. An extraordinary general meeting shall be held when the chairperson deems it necessary or at the request of a majority of the registered directors; and

Article 24 (Convocation)

3.The temporary board shall be convened and chair by the chairman when the chairman deems it necessary, or at the request of a majority of the registered directors.

Article 25 (Matters to be referred to Council) Matters to be referred shall be as follows:

3. Matters concerning the convocation of a general meeting;

5. Matters concerning deliberation on amendments to regulations, and amendment and repeal of regulations;

7. Matters concerning appointment of executive officers;

D. The Defendant did not undergo a resolution by the board of directors while holding an extraordinary general meeting of this case.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 3, Eul evidence 1, the purport of the whole pleadings

2. Since the agenda stated in Paragraph 1 in the separate sheet at the instant special meeting of this case was rejected, there is no benefit to seek confirmation that the resolution on this issue is null and void.

3. Judgment on the merits

A. According to the above facts of recognition of the plaintiffs' claims, the special meeting of this case was convened without the resolution of the board of directors in violation of Article 25 subparagraph 3 of the Code, and the convocation procedure is procedure.

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