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(영문) 수원지방법원 안양지원 2018.02.02 2017가합102254
총회결의무효확인의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant is a clan whose members are the clans of not less than 20 years old and registered in the family clan of the fourth person D, and the plaintiff and E are the members of the defendant.

B. The Defendant’s records on February 20, 2014

1. 21. 21.) After the 20th century, at the ordinary meeting held in king City F in front of the side of the clan, the resolution was passed to select E as the president. (c) E filed a lawsuit seeking confirmation of validity of the above resolution and rendered a favorable judgment of the first instance court on September 25, 2014 (Seoul District Court Ansan Branch Decision 2013Gahap102751). On March 6, 2015, the appellate court rendered a judgment against the Plaintiff on the ground that E did not meet the requirements for the chairperson “a person who is recommended by the board of directors with the status as a director” (Seoul High Court Decision 2014Na208), and that the judgment was finalized on June 24, 2015 (Seoul High Court Decision 2014Na2037208). D. D. on March 11, 2015, the Defendant rendered a final judgment against the Plaintiff.

1. The ordinary general meeting (hereinafter referred to as the “general meeting in 2015”) shall be held at the ordinary general meeting.

The general meeting held. The above general meeting held that "the chairperson shall recommend two of the members of the board of directors to select the eligible persons from among the members of the board of directors" in Article 7 (4) of the Rules of the clan in progress as G society. "The qualified persons of the board of directors shall participate in the meeting for three years as members of the board of directors with good moral character and competent decentralization, and shall be elected at the general meeting by estimating a high portion of interest in the scholarship program." "Resolution that allows the members of the defendant who are not the directors of the board of directors of the board of directors of the board of directors of the board of directors of the board of directors to be elected at the general meeting" (Article 7 (1) of the Rules of the general meeting of this case.

E. February 28, 2016 (Sound)

1. Around 21.21. A resolution was made to ratification the resolution of the instant general assembly at the Defendant’s general meeting held. (f) The relevant Defendant’s bylaws (amended and enforced February 23, 201, hereinafter “instant rules”) were adopted.

§ 6. (Executive Officers shall have the following officers at this conference:

1. One chairman;

2. Vice-chairpersons;

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