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(영문) 의정부지방법원 고양지원 2018.08.10 2017가합73542
종중회장선임결의무효확인
Text

1. Of the instant lawsuit, a resolution of appointing G as a general secretary and H as an auditor at the Defendant’s clan general meeting on December 14, 2014.

Reasons

1. Facts of recognition;

A. The Defendant is a clan that is composed of 23 members of I 23 members of J for the purpose of rendering their services to assist in a vessel.

Plaintiff

A, the chairperson, who is the representative of the defendant, completed the term of a middle-term term of a four-year term of office, followed by the defendant, who was present at the general meeting of December 14, 2014 as a candidate for the chairperson and was not elected as the chairperson, and the plaintiff B and C are the defendant's final members.

B. On December 14, 2014, the Plaintiff A and the Intervenor indicated the Defendant’s intention to leave the Defendant’s clan as the candidate for the president of the Defendant clan.

However, when the opinions of some members of the clan that the plaintiff A cannot be a candidate again pursuant to the provisions of the defendant's clan clan's "four-year Standing System" stipulated by the defendant's clans, the Speaker pro tempore declared that the plaintiff A shall not be eligible to be a candidate since at least 2/3 of the members agreed that he/she should state his/her opinion by drinking water to the members who agreed that the plaintiff A is not eligible to be a candidate for the chairperson."

Accordingly, Plaintiff A left the meeting place of the above general meeting with his subordinate members (hereinafter “Plaintiff A”) and 28 members who were in the meeting place at the time of the above resolution passed a resolution to select the Intervenor as the chairman of the Intervenor joining the Defendant (hereinafter “instant resolution”). The Intervenor appointed G as the general secretary and K as the auditor, respectively.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 6 (including paper numbers), the purport of the whole pleadings

2. Judgment on the Defendant’s main defense of safety

A. In addition, it is unclear whether the Defendant’s decision on the Defendant’s main defense of safety at the 1st general meeting of December 14, 2014 as to the Defendant’s main defense was made with a resolution to appoint G as a general secretary and auditor, and according to the Defendant’s clan rules, the general secretary is not subject to a resolution to appoint a general meeting of shareholders, and H is not appointed as an auditor at the above general meeting of shareholders, but appointed by the Defendant’s Intervenor.

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