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(영문) 춘천지방법원원주지원 2017.09.21 2017가합5330
회장지위부존재확인
Text

1. It is confirmed that C is not the chairperson of the defendant.

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

Reasons

Basic Facts

The defendant is an organization comprised of descendants of D's 13 years of age F, E, and the plaintiff is a member of the defendant, who was in the defendant's position as the chairperson from November 21, 2012.

On November 28, 2014, the Defendant held a general meeting (hereinafter “the first general meeting of this case”) and dismissed the Plaintiff from the Defendant’s Chairperson, and passed a resolution to appoint C as Chairperson.

(hereinafter “the first general meeting resolution”). On November 16, 2015, the Defendant held a general meeting (hereinafter “the second general meeting”) to dismiss the Plaintiff from the Defendant’s Chairperson, and made a resolution to appoint C as the Chairperson.

(hereinafter referred to as “the resolution of the second general meeting of this case.” Articles 9 and 10 of the Defendant’s articles of incorporation, which was in force at the first general meeting of this case and the second general meeting of this case, provide that “a general meeting shall be formed with the attendance of not less than seven clan members, and a resolution shall be made with the consent of the majority of the members present.

The Defendant filed a lawsuit against the Plaintiff for cancellation of ownership transfer registration and registration of transfer of ownership against the Plaintiff, respectively, by asserting that “the Plaintiff trusted the 2,407 square meters and the 7,494 square meters prior to G, but the Plaintiff arbitrarily divided it and sold the 1,112 square meters prior to G, the original city, the part of which is part of the Plaintiff.”

On January 17, 2007, a compromise between the Plaintiff and the Defendant was established with the following content in such a lawsuit:

(2) The Plaintiff shall pay to the Defendant the amount of KRW 250,000,000 to June 30, 2007. If the Plaintiff fails to pay the said amount by the said date, the amount calculated at the rate of 20% per annum from the following day to the date of full payment shall be paid.

As the Plaintiff did not pay money pursuant to the instant protocol of conciliation, the Defendant was the representative of March 14, 2016 and was based on the instant protocol of conciliation.

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