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(영문) 수원지방법원 2020.06.10 2019가합15161
종중총회결의무효확인
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

The defendant is a clan consisting of descendants of C's 12 years of age E, the Sil of C, and the plaintiff is a clan member of the defendant.

§ 10 (Executive Officers) The officers of this sub-committee shall be:

(1) Advisor: one president (2) : one vice-president; one secretary (4) : one (5) : 10 to 16 ; two auditors; two officers under Article 11 (Election of Officers) shall be elected as follows:

1. The adviser shall be directed at the meeting of the board of directors of the former Chairperson with a good reputation.

Provided, That it may be inferred from among the roads.

2. The chairman and vice-chairman shall be elected by a majority of the board of directors;

Provided, That the vice-chairperson shall be elected in another house with the chairperson.

The auditors shall be elected by a majority at each general meeting at the large office and small office.

Directors shall be recommended by the board of directors and elected at a general meeting.

3. The chairperson shall appoint one of the directors;

Article 12 (Terms of Office for Officers) The terms of office for officers are as follows:

1. The term of office of officers shall be three years;

2. Officers may be reappointed;

14. Powers and responsibilities of officers

9. A director shall be automatically dismissed without any separate procedure or notice, if he/she falls under a failure or failure on at least three consecutive occasions during his/her term of office;

Article 20 (Quorum for Resolution)

1. At various meetings the Speaker shall have a right of decision only in cases where there is no voting right and there is no vote of approval and disapproval;

2. The resolution of the general or special general meeting shall require the concurrent vote of the majority of all members present; and

3. The board of directors shall be duly formed with the attendance of not less than 2/3 of the directors, and pass a resolution with the consent of a majority of the present directors or more, and dispose of the property shall require the concurrent consent

In relation to the instant case, the important contents of the Defendant’s bylaws are as follows:

On February 23, 2019, before the end of the term of office of the existing directors as of April 8, 2019, the Defendant shall hold a board of directors on February 23, 2019 and recommend 14 existing directors (F, G, H, I, J, K, L, M, N,O, P, Q, R, and S) as the candidates for directors, and 5 as directors representing the Plaintiff and T, respectively.

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