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(영문) 수원지방법원 성남지원 2018.09.18 2017가합1109
임시총회결의 무효확인의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant is a clan that is jointly created by DC E's 11 years of age F (hereinafter "Defendant clan"), and the plaintiff is a member of the defendant clan.

B. On May 2, 2016, a lawyer G who was appointed as a representative of the defendant clan as a representative of the defendant clan (hereinafter “representative representative”) in the case of the provisional disposition of suspending the performance of duties by Suwon District Court No. 2015Kahap508, the said court applied for the permission to convene an extraordinary general meeting with the purpose of meeting, and on the following day, the said court permitted the convening of the said extraordinary general meeting.

C. Accordingly, on June 4, 2016, the Defendant clan held an extraordinary general meeting (hereinafter “instant extraordinary meeting”) at the meeting room of H 2nd floor each time, in a female clan, and passed a resolution to appoint C as the president (hereinafter “instant resolution”).

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 20 evidence, Eul evidence 1 and 2 (including numbers; hereinafter the same shall apply)

2. Determination as to the cause of action

A. On the grounds delineated below, the instant resolution is null and void.

1) The Defendant clan did not confirm the detailed address and residence of the members on the register of the clan, and did not call a notice to some members of the clan, such as that about 50 members did not actually call a notice. 2) C is a person whose qualification suspension and eligibility for election is lost in accordance with the articles of incorporation by embezzlement of the property of the Defendant clan.

3) The voting and ballot counting procedure conducted at the instant special meeting is unlawful, since the number of persons who actually attended the instant special meeting is much less than 80 persons recorded in the minutes of the special meeting, and the public voting is customary, and it is impossible to find out whether C actually obtained 64 marks, thereby making it difficult to find out whether C actually obtained 64 marks. (B) As to whether a notification of convening an extraordinary meeting was omitted, I would like to hold a clan general meeting.

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