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(영문) 서울중앙지방법원 2019.06.13 2018가합524103
종중회장지위부존재확인의소
Text

1. He/she confirms that M (date of birth: N) is not the Defendant’s Chairperson;

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Facts of recognition;

A. The defendant is the defendant's six male P as a joint ancestor and consisting of descendants, and the plaintiffs are the representatives of the defendant's clan members.

B. Around August 20, 2018, the Plaintiffs sent to the Defendant’s Chairperson M of the Defendant a letter of call demanding the convocation of an extraordinary general meeting with “(i) the dismissal of Defendant Chairperson, (ii) the appointment of the latter Chairperson following the dismissal of M, and (iii) the appointment of vice-chairpersons, auditors, directors, and representatives (hereinafter “instant case”). Accordingly, M did not take the procedure of convening an extraordinary general meeting for the purpose of the meeting on the grounds that the Plaintiffs are not the Defendant’s representatives.

C. The Plaintiffs filed a motion to convene an extraordinary general meeting with the Defendant as Seoul Central District Court Decision 2018Bhap30202, and filed a motion to convene an extraordinary general meeting on January 3, 2019 (hereinafter “instant permission to convene an extraordinary general meeting”). D.

On January 7, 2019, the Plaintiffs sent to 20 representatives of the Defendant a notice of convening an extraordinary general meeting for the purpose of meeting the instant agenda, and on January 19, 2019, an extraordinary general meeting was held.

E. The Defendant’s bylaws stipulate that “a general meeting shall be held with attendance of at least a majority of the incumbent delegates, and a resolution shall be passed with the consent of at least a majority of the incumbent delegates,” and on January 19, 2019, 12 of the 20 representatives shall attend an extraordinary general meeting, and one representative shall delegate the exercise of voting rights, and the resolution was adopted to dismiss M at a unanimous discretion, and A shall be appointed as the chairperson.

[Ground of recognition] Facts without dispute, Gap 1-4, 42-67 evidence (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, M loses the position of the president by a resolution of dismissal at the special general meeting of the Defendant on January 19, 2019, and as long as the Defendant contests this, the benefit of confirmation is recognized.

The Plaintiffs on January 19, 2019.

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