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1. Ascertainment that the resolution of the general assembly made on November 11, 2018 by the Defendant listed in the attached list is invalid.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Basic facts
A. Defendant B’s clan (hereinafter “Defendant B’s clan”) is a clan with CC 17 years old D as a joint ancestor and consisting of descendants, and the Plaintiff is a member of the Defendant clan.
B. On October 26, 2018, E delegated F the authority to convene a general assembly on the premise that he/she is in the position of a member of his/her clan.
C. On October 29, 2018, F issued a notice of convening an ordinary general meeting on November 11, 2018, to the 1,719 members of the Defendant clan, namely, “1,719 persons identified as members of the Defendant clan for ratification of the Regulations, ② cases of officer improvement, ③ cases of ratification of land trade, ④ other agenda items as agenda items.”
On November 1, 2018, Defendant clan held an ordinary general meeting (hereinafter referred to as “instant general meeting”) and passed a resolution identical to that on the attached list (hereinafter referred to as “instant resolution”) by appointing F as the president of Defendant clan.
[Reasons for Recognition] Facts without dispute, Eul's entry in the Evidence Nos. 9, 10, 16, 17, 20 (including provisional numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. Summary of the plaintiff's assertion
A. At the time of the request for convening the general meeting of this case, F is not the representative of the defendant clan, and since the members of the defendant clan were not the E who delegated F to F the holding of the above general meeting, the above general meeting was not convened by a legitimate convening authority.
B. The Defendant or F, without properly verifying the scope of the clan members subject to a notice of convening a meeting, omitted a notice of convening a large number of the clan members and provided a notice of convening a meeting to a person who is not a member of the clan. As such, there was a significant defect in the convocation procedure.
C. Therefore, the resolution of this case by the defendant clan is null and void, and the plaintiff seeks confirmation.
3. Whether a legitimate person authorized to convene a general meeting has convened;
A. In order to take effect the resolution of the clan general meeting, the clan general meeting needs to be convened by the legitimate convening authority.