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(영문) 수원지방법원 2019.01.08 2018가합11902
징계결의무효확인 청구의 소
Text

1. Each disciplinary resolution listed in the separate sheet that the Defendant against the Plaintiffs at the board of directors of the RR on December 8, 2017 shall be adopted.

Reasons

1. Basic facts

A. The defendant is a clan consisting of descendants who jointly set up T as the 9-year-old descendants, and the plaintiffs are the members of the defendant's clan.

B. The Defendant’s lower clans include: (a) the Class V (hereinafter “V”); (b) the Class X (hereinafter “X”); and (c) the Class B (hereinafter “Z”) consisting of the descendants of the first son; and (b) the third son of T’s descendants (hereinafter “Z”).

C. The defendant's clan rules (hereinafter "the defendant clan rules") stipulate that the representative general meeting consisting of 30 representatives elected each 10 persons in V, X, and Z (hereinafter "the representative general meeting"), which is the defendant's clan rules, shall be established as the defendant's resolution body, and the representative general meeting is substituted by the defendant's clan general meeting.

The general meeting of representatives shall include the matters concerning the enactment and amendment of the articles of association, the approval of business plans and budget and settlement of accounts, the matters concerning the receipt and disposal of the property, the matters concerning the acquisition and disposal of the property and the management and preservation thereof, and the matters concerning the selection of executives.

The defendant clan rules stipulate that the executives of the defendant shall be one chairperson, three vice-chairpersons, one person similar to the former, one person similar to the former, and two auditors, and the executives of the defendant shall be elected at the representative general meeting except the general secretary-general appointed by the chairperson.

The above officers of the defendant shall organize a board of directors (hereinafter referred to as the "board of directors") and the board of directors shall be held whenever necessary, and the board of directors shall be referred to the board of directors, the matters to be referred to the general meeting of representatives, the matters delegated to the general meeting of representatives, the enactment of various regulations and regulations, and other matters necessary for the

E. On November 16, 2010, AA belonging to the Z was appointed as the president of a clan who is the defendant's representative at the General Meeting of Representatives. On December 18, 2013, AA again was appointed as the president at the General Meeting of Representatives, and on December 29, 2016, again was appointed as the president at the General Meeting of Representatives.

F. Plaintiffs A, B, and C, who belong to V, are the chairperson.

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