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(영문) 광주고등법원 2016.01.22 2014나1859
종중회장 등 선출결의부존재 등 확인
Text

1. The judgment of the first instance, including the primary and conjunctive claims of the plaintiffs additionally expanded in the trial, is as follows.

Reasons

1. The defendant is a clan consisting of descendants who are the 7-year-old descendants AB of the Z wave or 8-year-old descendants who are their own readers and descendants who are the descendants of the Z wave, and consists of the ADm, AEm, AFm, AGms and AHms. The plaintiffs are the final members of the defendant.

On November 15, 2010, the minutes of the general meeting held by the defendant in 2010 dated November 15, 2010, T is written as the president, U, V as the vice president, AI and AJ as the auditor, AK, AL, AM, N, AO, AP, Q, AR as the director, AS as the general director, and ATS as the finance.

In the minutes of the Defendant’s ordinary meeting of November 23, 2012 (hereinafter “instant general meeting of November 2012”), T is written as the president, U, V as the vice president, W, X, andY as the representatives, respectively.

The executive record of the defendant's main 2012 general meeting of T, V, AK, AK, AL, AM, AM, AO, AP, Q, AR, as shown in attached Form 1 at the meeting of the Assembly of 2012 of this case, is written as follows: W, X, and Y are elected as representatives of AI, AJ, and the auditor.

The minutes of the Defendant’s clan General Meeting on December 6, 2014 (hereinafter “General Meeting of 2014”) include: (a) the Defendant’s amendment of the Rules on October 10, 1980; (b) AY as president; (c) AP as vice president; (d) AJ and U as auditor; (d) AZ as auditor; (e) BA, etc. as representative; (e) AS as general secretary; and (e) H as financial affairs.

The plaintiffs and the defendant submitted the defendant's written written rules as of October 10, 1980 and the written rules as of February 3, 2006. Among them, the contents of this case are as follows.

[Rules of October 1980] Article 9 of the Assembly shall have the following standing members, who shall be selected at the Assembly:

The meetings of the plenary session under Article 16, one chairperson, one vice-chairperson, one general secretary, and two auditors, shall be divided into three meetings of the general meeting, the board of representatives, and the standing executive meetings.

Article 18 The tenth day of October of each year shall be the day of the ordinary general meeting, and the extraordinary general meeting shall be convened whenever necessary.

Article 21 Proceedings of the General Meeting shall be members present unless otherwise provided in other Articles.

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