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(영문) 서울고등법원 2019.02.20 2018나2029328
임시총회결의무효확인
Text

1. Of the judgment of the court of first instance, the part against the defendant among the judgment of the court of first instance, which decided to appoint C as the president at an extraordinary general meeting on December 20, 2015, and D.

Reasons

1. Basic facts

A. The defendant is a clan of which the defendant is the 11-year-old descendant G's 4-year-old descendant as a joint ancestor, and the plaintiff is the defendant's member.

B. On December 20, 2015, the Defendant held an extraordinary general meeting (hereinafter “instant extraordinary general meeting”) at the I-Si Office of Female, and passed a resolution to appoint C as the Chairperson, J and D as the Auditor.

(hereinafter) The resolution to appoint C as the Chairperson and D as Auditor at the special general meeting of this case (hereinafter “each of the instant resolutions”). C.

Accordingly, when the judgment of the court of first instance was rendered that the plaintiff filed a lawsuit in this case and confirmed the invalidity of each resolution in this case, some of the defendant's subordinate members called the extraordinary general meeting to elect a new officer in accordance with the purport of the judgment of first instance.

However, the chairperson of the defendant, a former president, did not accept the convocation of the special meeting. Some of the defendant's members (43) applied for the permission to convene the special meeting to the court on July 30, 2018, and was approved to convene the special meeting for the purpose of the meeting, such as "the appointment of a representative, the report on the disposal and use of the clan property, etc.," and "civil and criminal measures related to the disposal of clan property," as the branch court branch court of Suwon District on July 30, 2018.

E. On August 18, 2018, the Defendant is again called “the second special general meeting” at the I building at Annju City below the second special meeting.

(g) Around November 24, 2018, the Defendant made a resolution to appoint D again at an ordinary general meeting as an auditor. According to the Defendant’s articles of incorporation, the term of office of executive officers, such as the Chairperson and the Auditor, is three years in all (3) years (the term of office of executive officers, including the Chairperson and the Auditor, is the same as the previous articles of incorporation amended by the amended articles of incorporation).

(ii) [Facts having no dispute over the basis of recognition.]

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