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(영문) 대구고등법원 2016.09.21 2016나944
정기총회결의무효확인청구
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. The defendant is a clan similar organization that is comprised of male and female descendants aged 20 or older who live in the 18-year-old descendants of I and their descendants of K, who are their 18-year-old descendants and their families. The plaintiff is the defendant's member.

B. On December 23, 2012, the Defendant held a general meeting on December 23, 2012 and passed a resolution to elect M as the chairperson of the Defendant. (2) However, the Defendant’s clan N, asserting that the above resolution was null and void, filed a lawsuit to nullify the resolution of the general meeting under the Seo-gu District Court Branch Branch 2014Kahap414, asserting that the above resolution was null and void, and the Defendant applied for a provisional disposition to suspend the performance of duties against M with the same court 2014Kahap7 to the effect that “M shall not perform the Defendant’s duties until the judgment of this case becomes final and conclusive, and that attorney O shall be appointed as an acting representative during the period of suspension of duties.”

3) In a lawsuit seeking confirmation of invalidity of the resolution of the above general meeting of shareholders, the court of first instance accepted N’s claim on July 4, 2014, and sentenced “the judgment that appointed M as president at the general meeting of December 23, 2012,” and the Defendant appealed against the above judgment and withdrawn it, and the judgment of the first instance court became final and conclusive on July 25, 2014. (C) When the Defendant’s position becomes vacant as the result of the above lawsuit, the Defendant’s position became vacant as president of the general meeting resolution of March 15, 2015, the former president P and Q, who is the former president, was the joint representative of P and the former president, constituted an emergency countermeasure committee for the election of Defendant executives.

2) On March 2, 2015, the Joint Representative P and Q notified the 1,225 members of the Defendant’s clan to the effect that “a general assembly shall be held on March 15, 2015, on the agenda of election of the president, vice president, and auditor, etc. at the training center of the RU as of March 15, 2015,” and according to the notification, the Defendant’s general assembly (hereinafter “instant general assembly”) at the training center of the RU as of March 15, 2015.

The C shall be elected as the Chairperson, D, E as Vice-Chairperson, F, and G as the auditor.

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