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(영문) 의정부지방법원 2014.07.03 2013가단7462
근저당권말소
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is the District Court with respect to the amount of 5,904 square meters of forest C in Macheon-si.

Reasons

1. Facts of recognition;

A. The plaintiff is a clan that aims to promote friendship between the head of a clan and the members of a clan that is D 14 years old grouped in Central City E, with the purpose of promoting friendship among the members of a clan.

B. The main contents of the Articles of Incorporation of the Plaintiff (hereinafter “instant Articles of Incorporation”) enacted on February 11, 2007 are as follows.

[] Chapter IV General Meeting Article 12 (Convocation of General Meeting) (1) The president must issue a notice stating agenda, date and time, and place of convocation seven days prior to the general meeting (excluding an ordinary general meeting).

(2) The general meeting may adopt resolutions only for the matters of which special resolutions have been notified.

Provided, That this shall not apply to general matters to be resolved.

Article 13 (Matters to be Resolved by General Meeting) A general meeting of shareholders shall adopt the following matters as the highest resolution body at the plenary session:

(1) Special resolutions.

(a) Enactment and amendment of the articles of incorporation;

(b) Appointment and dismissal of executives;

(c) Matters concerning acquisition and loss of rights, such as the acquisition and disposition of the fundamental property of a clan.

(a) Approval of budgets and settlement of accounts;

(b) Matters referred by the chairperson and persons authorized to convene general meetings;

(c)Article 14 (Holding of General Meeting) (1) An ordinary meeting shall be held as a participating member after the description of the second Sundays of October, which is the date on which the year is set aside, every year.

Article 15 (Quorum of General Meeting) (1) A general meeting shall be held as a final member of the meeting, and a resolution shall be adopted with the consent of a majority of the members present at the meeting.

(2) A resolution for special resolution may be adopted at an ordinary general meeting only when the convocation notice is issued in accordance with the procedure for convening an extraordinary general meeting.

C. On June 13, 2012, F, which is the cause of the Plaintiff’s clan, provided as security the Plaintiff’s forest land of KRW 5904 square meters (hereinafter “the instant forest”) by holding an extraordinary general meeting even though it was not held on June 13, 2012, and the Plaintiff’s clan’s clan was approved to borrow money of KRW 60 million or less from the Defendant with G, who was the representative of the Plaintiff’s clan, as the debtor.

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