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(영문) 전주지방법원 2020.11.11 2019가단16538
손해배상(기)
Text

The instant lawsuit is dismissed.

2. The litigation cost is the representative of the Plaintiff’s application for the correction of the indication of a party on June 17, 2020.

Reasons

1. Basic facts

A. The plaintiff clan is a clan created in the Si of E.

The defendant served as the vice-chairperson and the operating member of the plaintiff clan from August 1, 2008 to December 31, 201.

B. According to the rules of 2015 of the Plaintiff clan, the highest decision-making and enforcement agencies of the Plaintiff clan are composed of 30 members of the clan who participated at least three times in the trial date among the post art, and the matters resolved and executed by the steering committee shall be reported to the general meeting held on the 21st day of March of each year on the 21st day of March.

The chairperson of the operation committee elected by the steering committee shall represent a clan and preside over a general meeting and convene an extraordinary general meeting.

C. On December 12, 2017, when the term of office of the F, which was the representative of the Plaintiff clan, will expire on May 6, 2018, the Plaintiff clan held an extraordinary general meeting of the steering committee to elect the chairman of the next operating committee on December 12, 2017, and was elected by the Defendant as the chairman of the next operating committee by obtaining more than a majority of the members present.

However, the opposing parties, such as C, were forged in 2015, which expanded the qualification of operating committee members, and the resolution of election of the chairperson of the operation committee based thereon was invalid. On April 2018, a special meeting was convened in order to organize C as the chairperson. 20 members opposing the defendant, such as C, were held on July 20, 2018, and a special meeting of the steering committee was held to order the defendant and F to remove the defendant and F, and the resolution was made to select C as the representative of a clan.

On June 14, 2019, the 19 members supported C and C held an extraordinary general meeting of the steering committee at the office of the Plaintiff clan on June 14, 2019, and passed a resolution to keep the agenda concerning the filing of the instant lawsuit in a unanimous manner (hereinafter “instant resolution”).

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1 through 5, entry of Eul evidence of subparagraphs 7 through 9, purport of whole pleadings]

2. The Plaintiff’s assertion is made by the Defendant on December 12, 2017.

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