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(영문) 수원지방법원 2018.12.07 2018가합1509
정기총회결의무효확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The plaintiff's argument that the plaintiff's argument that the plaintiff's clan A (hereinafter "the plaintiff's clan") is "D" of CC 27 years old, the defendant asserts that the plaintiff's clan is "F" of C C 19 years old, but it seems that the plaintiff and the defendant do not actually dispute the substance and identity of the clan. The plaintiff and the defendant are naturally created clans composed of descendants of B, not the descendants of the plaintiff's clan, and the defendant was elected as the chairperson at the plaintiff's clan meeting on December 2, 2017, not the descendants of the plaintiff's clan, but the defendant was elected as the chairperson at the plaintiff's clan meeting on December 2, 2017. The above resolution of the general meeting against the defendant (hereinafter "resolution of this case") goes against the custom and rules of the plaintiff's clan, and it is invalid because the defendant lacks legitimate notice of convening the general meeting at

2. Judgment on the defense prior to the merits

A. The defendant's objection to the purport that the lawsuit of this case is unlawful for non-party E without legitimate power of representation of the plaintiff's clan, and further, the lawsuit to confirm invalidity of the resolution of this case filed against the defendant who is an individual of the clan, which is not a clan, is unlawful for lack of legal interest in confirmation

B. First, it is difficult to objectively confirm who the members of the clan who participated in the resolution of the general meeting of December 2, 2017, which was held by the Plaintiff, including the Plaintiff’s legitimate representative of the Plaintiff clan, and the evidence submitted by the Plaintiff alone, and the first Plaintiff submitted a resolution of the general meeting (No. 1) accompanied by the 18 members of the meeting including the members of the clan (the seal of the 18 members was affixed). While the above resolution was submitted erroneously, the resolution was replaced by the resolution of the general meeting of the Plaintiff’s evidence No. 8, and the alternative resolution was not accompanied by the list of the members.

The procedure for convening individual convocation notice to all the clan members who can be notified by the legitimate convening authority.

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