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(영문) 대전지방법원 2015.09.16 2014나106029
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. The Plaintiff is a clan consisting of descendants of IC 23 years old, and the Defendant was elected as the president at the Plaintiff’s ordinary general meeting on November 23, 2008, but the two-year term of office under the Rules has expired on November 2010.

B. At the general meeting of the Plaintiff’s clan opened on February 20, 2011 (hereinafter “general meeting of February 20, 201”), only 16 members of the male clan were present at the general meeting of the Plaintiff’s clan (hereinafter “general meeting of February 20, 201”) and a resolution was passed to select D as the chairperson, E as the vice-chairperson, and F as the

C. Accordingly, C filed an application against the above D, E, and F for a provisional disposition suspending the performance of duties under this Court 201Kahap552, and this Court rendered a provisional disposition order stating that D shall not perform the duties of the general secretary on September 29, 201, because the resolution of the general meeting was null and void on February 20, 201, the resolution of February 20, 201 was rendered on February 20, 201, and that D shall not perform the duties of the general secretary.

After that, on November 13, 201, the Defendant convened the Plaintiff’s extraordinary general meeting and held an extraordinary general meeting (hereinafter “general meeting of November 13, 201”) while 39 members of the Plaintiff’s clan were present. A resolution was made to elect C as the chairperson of the Plaintiff and the Defendant as advisory advisers at the above general meeting.

E. Meanwhile, on September 29, 2011, in the instant case of provisional disposition suspending the performance of duties by this Court No. 201Kahap5522

As stated in paragraph (1), the decision that the resolution of the general meeting of February 20, 201 is null and void, D, G, etc. followed the procedures for convening the general meeting that they came to know while proceeding with the above provisional disposition case, etc., and again held the general meeting of November 27, 201 (hereinafter referred to as the "general meeting of November 27, 201"), and at the general meeting of November 27, 2011, D, as in the above general meeting of February 20, 2011, was adopted a resolution to elect D as the Plaintiff’s president, E as vice president, and F as the general meeting of February 20, 2011.

F. D around May 2, 2011 and May 24, 2011, the Defendant was in the custody of the Plaintiff’s public funds against the Defendant (hereinafter “instant passbook”) is the “instant passbook.”

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