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(영문) 울산지방법원 2019.11.13 2019가합12165
총회결의 무효확인 청구의 소
Text

1. Ascertainment that a resolution made by the Defendant at an extraordinary general meeting of April 2, 2019 is null and void.

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

Reasons

1. Basic facts

A. The defendant, as a follow-up art of "K", is the 18-year-old descendant, has the adult male and female residing in Korea and abroad as a clan member, the purpose of which is to support the ancestor and to promote friendship and prosperity among the clans, and the plaintiff is the defendant's clan member.

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

Article 17-2 (Extraordinary General Meeting) If the Chairperson deems it necessary, he/she shall convene an extraordinary general meeting by the proposal of at least 100 members.

C. On August 28, 2018, L filed an application for provisional disposition of suspending the performance of duties with the Busan District Court’s Branch Branch Decision 2018Kahap15 against M, who was acting as the president of the Defendant, to appoint himself as the president and assign him/her as the acting president. On October 24, 2018, the said court rendered a decision on partial acceptance of appointment of L as the president acting for the Defendant.

L, which became the president of the defendant clan on March 2, 2019 by the decision to suspend the performance of his duties, was given a notice of convening an extraordinary general meeting on April 2, 2019 to some of 300 members of the defendant clan (hereinafter referred to as "the general meeting of this case"), but the plaintiffs failed to receive the notice of convening an extraordinary general meeting.

The proposed agenda on the public notice of convening the special meeting of this case is a revision to the method of selecting executives, the term of office of executives, and the reward and punishment standard.

E. On April 2, 2019, the Defendant held the instant special meeting, and 23 of the Defendant’s clan members attended the instant special meeting.

In the instant special meeting, a resolution, etc. to amend the provisions concerning the election of executive officers among the contents of the instant meeting (hereinafter “instant resolution”) was made. The main contents are as follows.

Article 8 (Election of Officers) (1) The Chairperson, Vice-Chairperson, and Auditor shall be elected from among the officers of the plenary session, and the following shall be elected at the general meeting:

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