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(영문) 부산고등법원 2018.04.05 2017나56455
명칭사용금지
Text

1. Revocation of the first instance judgment.

2. The defendant shall be the president of the family council, the president of the family council, and the Republic of Korea.

Reasons

1. Basic facts

A. For the convenience of the plaintiff (hereinafter referred to as the "Plaintiff's clan") is a clan consisting of descendants of DCsi E, and has the Franc, G, H, and I books under its jurisdiction.

Defendant (J) was elected as the president of the Plaintiff clan around 2002, and has been performing the duties of the president until October 2012 due to the reasons such as the absence of a successor.

B. Of the contents of the articles of incorporation (No. 6) of the Plaintiff clan, the parts related to this case are as follows:

(1) The following officers shall be appointed at this time:

The officers shall be elected at the general meeting with the consent of a majority of the members present.

One chairperson, seven vice-chairpersons, not more than 100 directors (the chairperson and the vice-chairperson shall be ex officio), and the term of office of executive officers of two auditors (2) shall be three years.

However, the Chairperson may be reappointed only once, and the term of office of the newly appointed officer shall be the remainder of the term of office of his predecessor.

Article 12 (General Assembly) A general meeting shall be composed of the highest deliberative organ at a plenary session.

(1) 정기총회는 매년 세일사일(歲一祀日) 전일인 음력 9월 말일 오후(야간)에 P에서 개최한다.

(2) An extraordinary meeting shall be held when the president or the board of directors deems it necessary.

(3) A quorum shall be held as the members present, and a majority of the members present shall pass a resolution on the agenda with the consent of a majority of the members present.

Article 13 (Functions of General Meeting) Functions of General Meeting shall be as follows:

(1) The enactment, amendment and repeal of the articles of incorporation; (2) the enactment, amendment or repeal of the regulations and bylaws; and (6) the election and removal of officers;

C. On October 23, 2012, the Plaintiff’s clan attended a meeting of the conference room among the G literature, a representative of the clan, such as Defendant and K (FJ Chairman), L (GL Chairman), M (HL Chairman), N (FL Chairman) and N (FL Chairman).

Plaintiff

A clan shall delegate all the duties of the plaintiff's clan to the general meeting of the members of the clan until the plaintiff has the ability to operate the clan autonomously, and for this reason, the general meeting of the plaintiff's clan.

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