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(영문) 의정부지방법원 2017.05.26 2016가합56639
종회장선임결의무효확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 28, 2015, the Defendant held an extraordinary general meeting (hereinafter “instant extraordinary general meeting”) and elected C, a representative of the Defendant, as the president.

B. The provisions of the Defendant’s Articles of Incorporation relating to the instant case are as follows:

Article 7 (Duties of Members) Members of the Meeting shall comply with the articles of incorporation, and shall implement the matters to be resolved by the Assembly and the Board of Directors.

If a member under Article 8 (Disciplinary Action) falls under any of the following cases, the chairperson may take disciplinary action upon a resolution of the board of directors:

1. Where the obligations provided for in Article 7 are not fulfilled, the president of the meeting in Article 12 shall represent the meeting and exercise overall control over its affairs;

Article 16 (General Meetings) The general meetings of the meetings shall be divided into the general meetings and the extraordinary general meetings.

1. The president shall convene and preside over an ordinary general meeting once a year;

2. The chairperson shall convene and preside over an extraordinary general meeting when the chairperson deems it necessary, or at the request of the board of directors.

Article 17 Matters referred to meetings are as follows:

2. Matters concerning business plans referred to the board of directors under Article 19 shall be as follows:

3. Deliberation proposals on the management of property (based on recognition), facts without dispute, entry of evidence Nos. 1 and 2, and purport of all pleadings;

2. The plaintiff's assertion

A. Since C is a person who is not eligible to be elected as the chairperson of the defendant, C is invalid to elect C as the chairperson at the special general meeting of this case.

(1) There was a dispute over the ownership of the clan properties between Nonparty D and the Defendant (Seoul District Court 2008Gahap1085, Seoul High Court 2009Na44817, Supreme Court 201Da68333), and D clan lost, the representative of D clans was C at the time.

C rejected the above litigation cost burden and instead incurred damages to the winning defendant.

(2) In Macheon-si, E Forest land E 1,651,728 square meters, which is the Defendant’s property, is registered in the name of 11 persons, including C, and the other joint owners are dead and C.

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