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(영문) 울산지방법원 2019.02.13 2018가합1052
총회결의무효확인
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The defendant is an organization consisting of descendants registered in the membership domicile register among the adult descendants of E, and the plaintiffs are the members of the defendant.

B. The main contents of the Defendant’s bylaws (hereinafter “instant bylaws”) are as follows.

Article 5 (Qualification of Members) The members of the plenary session shall be adult male and female from among the descendants of E line, and shall be registered in the register of addresses of members.

Section 8 (Officers) This Section shall have the following officers:

1. One chairperson;

2. Four vice-chairpersons;

3. Five directors;

4. Two auditors.

5. One secretary general;

1. The chairperson, vice-chairpersons and auditors shall be elected by the affirmative vote of a majority of the persons present at a general meeting;

2. Directors shall be appointed within the scope under Article 8 (3) of this Decree by written indictment on the recommendation of a general meeting or the board of directors;

3. The Secretary shall be appointed by the Chairman.

Article 12 (Meetings)

1. Meetings shall be classified into an ordinary general meeting, and a board of directors;

2. In principle, an ordinary general meeting shall be held on the third Sundays of April each year; and

Article 13 (Functions of General Meeting)

2. Election of executives;

C. On April 15, 2018, the date of the annual meeting in 2018, the Defendant held a general meeting (hereinafter “instant general meeting”), and notified the members registered in the membership roll and the register of addresses of the fact that the general meeting was held by registered mail. In addition, the Defendant publicly announced the fact that the general meeting was held in the regional daily newspapers.

The 69 members were present at the general meeting of this case, and 61 members were delegated voting rights.

The Defendant appointed D as the Defendant’s representative, from among 63 members who directly attended the vote at the general meeting of the instant case, with the consent of 50 members (Dissenting 11, 2 marks).

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 through 6 (including branch numbers for those with virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiffs' assertion that some of the members who can communicate in holding the general assembly of this case are entitled to contact.

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