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(영문) 대전지방법원 2017.04.19 2016가합101345
임시총회결의 무효 확인의 소
Text

1. Each resolution listed in the separate sheet No. 1 prepared by the Defendant at the special meeting of January 29, 2016 and the special meeting of May 29, 2016.

Reasons

1. Basic facts

A. The defendant consists of descendants of C, and is naturally formed for the purpose of managing and preserving real estate, such as the memorial and the maintenance of the memorial services, the conduct of the memorial services, and the promotion of friendship among the members. The plaintiff is the auditor of the defendant's clan.

B. On January 29, 2016, the Defendant held an extraordinary general meeting (hereinafter “the first general meeting of this case”) and made a resolution on each of the resolution listed in the attached Table 1 (hereinafter “the first resolution of this case”) including (1) refusing to audit, (2) obstructing the order of the non-auditor clans, (3) refusing to sign a meeting of the members present, and (4) suspending the Plaintiff’s membership for five years due to interference with the meeting.

C. On May 29, 2015, the Defendant held an extraordinary general meeting (hereinafter “the second general meeting of this case”) and made each resolution listed in the attached Table 2, including a resolution of ratification of the first general meeting of this case (hereinafter “the second resolution of this case”).

The Plaintiff and D submitted the power of attorney to the members who were not present at the time of the second general meeting of this case, but they refused to accept the power of attorney on the ground that E, who was in charge of the preparation of the list of participants and the receipt of the power of attorney, did not attach a copy of the certificate to the above power of attorney.

The minutes of the extraordinary general meeting (No. 6; hereinafter referred to as the "Minutes of this case") prepared at the time of the second general meeting of this case were stated as follows: "48 persons present at the meeting and 77 persons who have designated a letter of delegation attached to a copy of identification card" and 125 persons who have attended the meeting. Of the second resolution of this case, in the case of the agenda in paragraph (1) of the attached Table 2, 106 persons (29 persons, 77 persons, 29 persons, 77 others), 2 persons, 17 persons, and 107 persons (30 persons, 30 persons, 77 persons, 16 persons, and 16 persons, respectively) were adopted as the original bill."

E. The provisions pertaining to this case in the defendant's clan rules are as follows.

Section 6 (Resolution) This session shall be the members present.

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