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(영문) 인천지방법원부천지원 2014.09.26 2014가합740
총회결의무효확인
Text

1. Of the instant lawsuit, at the general meeting of the Defendant on January 15, 2012, the confirmation of invalidity of a resolution selecting C as the Defendant’s general secretary.

Reasons

1. Facts of recognition;

A. The Defendant is a clan that jointly sets up F, and the Plaintiff is a member of the Defendant’s clan, who is elected as the Defendant’s president at an extraordinary general meeting held on June 201 or July 201.

Part II (Executive Officers) Part VII (Executive Officers) This Committee shall have the following executive officers:

1. An adviser;

2. Chairperson;

3. Vice-chairpersons;

4. Directors; and

5. Auditor.

6. General affairs;

7. The methods of election of executive officers at the plenary session under Article 8 (Election of Executive Officers) of the General Subsidy shall be as follows:

1. The chairperson, vice-chairpersons, advisers, directors, and auditors shall be elected at a general meeting with the consent of a majority of the members present at the general meeting;

2. General affairs and general affairs subsidies shall, in principle, be appointed by the chairman, but may be elected at a general meeting; and

Article 10 (Election of Representatives and Duties) The Governing Council shall have the following representatives, as the descendants hold once:

1. 대의원은 인(寅)자 행렬을 기준으로 선출하며 3인 이상인 후손에 대하여는 2인 의 대의원을 둘 수 있다.

2. The representatives shall represent the members of each family and inform all members of their service, and the general meeting of representatives shall be deemed to substitute the clan general meeting and shall be deemed to have been resolved by the clan general meeting.

Part III. § 12 (General Assembly)

1. The general meeting shall be divided into an ordinary general meeting and an extraordinary general meeting;

4. A general meeting may be substituted by the representative general meeting.

B. Of the rules of the defendant clan, the following parts are relevant to this case:

C. The Defendant clan held a general meeting on January 15, 2012, and all 47 members including the clan members who are representatives and the clan members who are not the representatives were present at the general meeting and the process of selecting the chairperson of the Defendant clan was proceeded.

In this regard, the members of the clan including the plaintiff, etc. who attended the above general meeting, discussed whether only the members of the clan who are the representatives of the clan who attended the general meeting should participate in the voting or not, even if they are not the representatives, shall be deemed the representatives, according to the majority opinions.

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