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(영문) 수원지방법원 2016.03.17 2014가합70194
종중총회결의무효확인
Text

1. The defendant's resolution at the General Meeting of Representatives on June 29, 2014 confirms that the resolution is null and void.

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

Reasons

1. Basic facts

A. The parties’ status 1) Defendant D’s clan (hereinafter “Defendant D’s clan”)

A) A clan consisting of 18 years of age G descendants among the descendants of the Ec trial F, consisting of H, I, J, K, L, M, etc. 2) The Plaintiffs are six of the six doors of the Defendant clans: K, L, and M among the six doors of the Defendant clans.

B. The members of the clan of July 7, 2013 who are the descendants who jointly set G and who are 20 years of age or older are all the members of the clan.

Article 13 (Term of Office) The term of office of an officer shall be three years, and that of an auditor, three years, and the term of office of a representative may be six years and may be renewed consecutively.

Article 15 (General Meeting) Since it is virtually impossible to hold the general meeting of members, the general meeting of representatives elected in accordance with the criteria for the election of representatives from among the questions by each system is substituted by the general meeting of members.

Article 17 (Outgoing) Representatives shall consist of 10 or less representatives elected from among the doors with no more than 10 members so that they may not be out of the non-party area or door.

(Provided, That this shall not apply from six remaining persons of misunderstanding. (c)

The defendant clan, as of April 1, 2014, decided on June 29, 2014 by the representative general meeting of the defendant clan, identified 32 representatives as of April 1, 2014, and issued a notice of convening the representative meeting to the relevant representatives. On June 29, 2014, the representative general meeting (hereinafter referred to as the "general meeting of the representatives of this case") was held while 31 representatives attend the meeting, and the resolution was passed on the appointment of officers, such as the approval of the report on the settlement of accounts and the chairperson, etc.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, Eul evidence 1 and 2, and the purport of the whole pleadings

2. The defendant asserts to the effect that the plaintiffs are only the members of the clan, not the representatives of the defendant clan, and therefore there is no standing to sue or legal interest in the validity of the general meeting of the representatives of this case.

However, the resolution of the General Meeting of Representatives of this case is about the operation of the defendant clan, the appointment of executive officers, and the disposal of property.

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