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(영문) 대구지방법원 2016.05.27 2014가합203810
부당이득반환
Text

1. The Plaintiff:

A. As to Defendant B, C, D, and E, respectively KRW 20,000,00 and (i) as to KRW 10,000,000 among them, March 20, 2014.

Reasons

1. Basic facts

A. The Plaintiff is a door that jointly sets R, and Defendant B, C, D, and E (hereinafter in this case, the Plaintiff’s remaining Defendants except for Defendant B, etc. when it is necessary to separate Defendant B, etc. from Defendant Q, and Q (hereinafter in this case, referred to as “Defendant B, etc.”) are part of the Plaintiff’s literature.

Article 11 (Regular General Meeting) The ordinary meeting shall be held at the office of the ordinary meeting on October 5 of each year or at a place designated by the president.

Provided, That matters concerning 1.2.3 of the matters subject to the resolution of the general meeting under Article 12 may be resolved by a special resolution of the special general meeting.

Article 12 (Resolution of General Meeting) The following matters shall be subject to resolution of General Meeting:

1. Matters concerning the amendment of the rules of association;

2. Matters concerning the acquisition and disposal of basic assets;

3. Acquisition of approval for budget and settlement of accounts;

4. Election of executives;

5. Other rules governing the matter may be substituted by the resolution of the board of directors and the general meeting on behalf of the members of the board of directors, prior to the determination of the members of the board of directors. Article 13(Special Meeting) provides that at least 1/2 of the members of the board of directors among the members of the board of directors, or the “certification” under Article 13 of the above rules, deemed necessary by the chairperson, may be convened when they are deemed to be a clerical error in the recognition.

An extraordinary general meeting shall deliberate and resolve on the following matters:

1. Formulation of plans for the operation of the plenary session;

2. Matters concerning the operation, management and disposal of the property of the door-to-door;

3. Finance and amendment of bylaws;

4. Resolutions on the matters for resolution by the literature center; and

5. Matters delegated by the Council and those determined necessary by the Speaker of the Council under Article 23 shall enter into force as from July 5, 2009, by resolution of the General Assembly.

B. The part relating to the issue of the instant case among the rules of the Plaintiff’s literature (Evidence A No. 18) is as follows.

C. On August 19, 2013, the Plaintiff’s door is the Plaintiff’s door, which owned 7,669.7 square meters or less, among the Plaintiff’s door, among the 45,352 square meters in Daegu-gun Te. 45,352 square meters.

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