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(영문) 수원지방법원여주지원 2015.08.20 2014가합351
정기총회결의무효 등
Text

1. Of the instant lawsuits, the Defendant’s decision to appoint C as the president at an extraordinary general meeting on October 16, 2010 is to confirm the invalidity of the resolution.

Reasons

1. Basic facts

A. The defendant is a clan of which the "F", the 15 years of age of D's 15, as a joint ancestor, is composed of descendants, and the plaintiff was appointed as the chairperson around 2002 as the defendant's member.

B. 31 members of the Defendant, such as C, requested the Plaintiff to convene a general meeting for the purpose of appointing an executive officer, such as the president, but refused to convene the general meeting. Accordingly, the Defendant’s application for permission was rendered on October 1, 2010 by requesting the Plaintiff to convene a general meeting for the purpose of appointing an executive officer, such as the president, etc.

Accordingly, 31 persons, such as C, etc. were identified on the basis of the D Tax Report published in December 1989 on October 5, 2010 to 75 persons, including the Plaintiff and his children, who have secured the address, etc. among 337 persons, and their children, who were identified on the basis of D Tax Report published in December 1989.

Accordingly, on October 16, 2010, the general meeting held on October 16, 2010 attended a total of 34 members (20 members, 14 members) and passed a resolution on the articles of association with a unanimous meeting and passed a resolution on the selection of clan C as the representative of a clan.

(hereinafter “First Resolution”). C.

On November 29, 2011, C applied for a suspension of the performance of duties of a clan representative and a provisional disposition of the appointment of an agent against the Plaintiff as Suwon District Court Branch Branch Branch 201Kahap404, and decided on November 29, 201, that “the Plaintiff shall not perform his duties as the Defendant’s representative until the judgment on the case of confirmation of existence of existence of an extraordinary general meeting by the Suwon District Court Branch 201Kahap602 becomes final and conclusive.”

Meanwhile, on September 22, 2011, in the case of the confirmation of existence of the branch court of Suwon District Court Branch 201Gahap602, a lawsuit filed against the Defendant against the Defendant, the judgment that “the Defendant, at the extraordinary general meeting on December 4, 2010, elected the Plaintiff as the Chairperson, etc. The Defendant rendered a judgment that “the resolution of the Plaintiff’s replacement of the Plaintiff as the Chairperson at the extraordinary general meeting on February 8, 2011, is invalid.” The Defendant’s appeal was dismissed, and the final judgment on September 13, 2012 became final and conclusive.”

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