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(영문) 청주지방법원충주지원 2015.03.19 2014가합390
종중회의 결의 무효확인
Text

1. A resolution that the Defendant, on March 8, 2014, appointed C as the president by the clan General Assembly, is invalid.

2...

Reasons

1. Basic facts

A. The plaintiff (appointed party, hereinafter "the plaintiff") was the vice-chairperson of the defendant, and the Appointed D (hereinafter "D") was the chairperson of the defendant.

B. Around 11:00 on March 8, 2014, the Defendant held a clan general meeting (hereinafter “instant general meeting”). On behalf of the executives of the Plaintiff, D, etc. whose three-year term of office has expired at the said general meeting, the Defendant made a resolution to appoint C as the chairperson, G as the defendant’s vice-chairperson, H and I as the defendant’s auditor, and H and I as the defendant’s auditor, and the general secretary subsequently adopted a resolution to appoint C as the chairperson of the Defendant’s meeting (hereinafter “instant resolution”).

[Reasons for Recognition] Facts without dispute, Gap evidence 2, Eul evidence 3 and 4 (including each number, if any) and the purport of the whole pleadings

2. The resolution of this case, which appointed the summary of the Plaintiff’s assertion C as the Defendant’s president, has the following defects, and thus the resolution of this case is null and void.

피고는 J의 장남의 후손들로 구성된 ‘맏파’, 차남의 후손들로 구성된 ‘둘째파’, 삼남의 후손들로 구성된 ‘셋째파’로 세분되는데, 피고의 총무 K는 이 사건 총회를 개최함에 있어 ‘맏파’ 소속 종원들인 L, M, N, O 등에게 소집통지를 하지 않았다.

B. In holding the instant general meeting, K called a mobile phone text message to some of its members. The notice of convening a general meeting of this case sent text message to a certain member was missing with the items of “election of executives” among the agenda of the meeting. The notice of convening a general meeting of this case was sent on March 3, 2014, five days before the date of the general meeting, and thus, the general meeting of this case was convened in violation of Article 71 of the Civil Act.

C. According to Article 10(2) and (3) of the Defendant’s Articles of Incorporation, the Chairperson shall preside over various meetings, and the Vice-Chairperson shall act on behalf of the Chairperson at the meeting of the Chairperson.

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