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(영문) 인천지방법원 2015.04.17 2014가합9508
임시총회결의무효확인
Text

1. A resolution at an extraordinary general meeting held by the Defendant on July 12, 2014 shall be confirmed as null and void.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Under the underlying facts, facts do not conflict between the parties, or may be acknowledged by taking account of the overall purport of the pleadings as set out in Gap evidence Nos. 1, 3, 4, 8, Eul evidence No. 8, Eul evidence No. 9-1, 2, Eul evidence No. 11-1 and 2.

The Plaintiff filed an application for permission to convene an extraordinary general meeting of the Defendant clan with the Incheon District Court 2014Bhap3, and received the permission from the said court on April 11, 2014, and held an extraordinary general meeting of the Defendant clan (hereinafter “first general meeting”) on June 7, 2014.

(b) The election of the Speaker pro tempore, the election of the Speaker pro tempore who was presented as an agenda at the first general meeting, the election of the removal of the person to be transferred to Espony, the case of compensating for the expenses of the persons involved in the dispute for the unity of clans, and the case of partial revision of the clans was resolved upon.

C. On the other hand, the board of directors of the defendant clan was defective on June 16, 2014 in the convocation of the first general meeting and the proceedings of the meeting. Thus, the resolution at the first general meeting cannot be recognized as effective, and the resolution was passed again to hold an extraordinary general meeting.

Accordingly, on June 27, 2014, the president of the defendant clan D held an extraordinary general meeting (hereinafter “the second general meeting”) on July 12, 2014.

E. As a result of a resolution by re-convening the cases related to the dispute for the unity of clans, the cases of the removal of Lee Jong-soos, the cases of the compensation for the expenses of the persons involved in the dispute for the unity of clans, and the cases of partial amendments to the clans, which were resolved at the first Congress, all the above items were rejected.

2. Determination as to the cause of action

A. First of all the plaintiff's assertion and judgment, the second general meeting's resolution is invalid because there is a procedural defect in omitting a notice for convening a general meeting with respect to 59 members of the Emphical Empact.

In the absence of special circumstances, the general meeting of a clan shall determine the scope of the members of the clan subject to notification for convocation and shall be all members of the clan who can give notice because they have resided in the Republic of Korea clearly.

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