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(영문) 수원지방법원성남지원 2019.02.12 2018가합401812
임시총회결의부존재확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The defendant is a clan that is composed of descendants by making E 9 years of age F as a joint ancestor, and the plaintiffs are the members of the defendant's clan.

B. G, who was appointed as the president of the Defendant around April 2012, is the lower clan of the Defendant, which consists of the descendants of the Defendant and the Defendant’s subordinate clan on November 1, 2016, with the K of 14 years old from among the Defendant and H race as a joint vessel.

Around November 9, 2016, a notice was given to 155 of the Defendant’s senior members, to the effect that “the Defendant shall hold an extraordinary general meeting and an extraordinary general meeting of H class.”

C. In the Defendant’s extraordinary general meeting held on November 9, 2016, a resolution on the agenda indicated in the separate sheet (hereinafter “instant resolution”) was made at the Defendant’s extraordinary meeting.

Meanwhile, at the Defendant’s extraordinary general meeting held on June 17, 2018 (hereinafter “the ratification general meeting of this case”), G is selected and appointed as the Defendant’s president, and “the ratification resolution of this case” is referred to as “the ratification resolution of this case.”

A. [In the absence of dispute over the basis for recognition, Gap evidence Nos. 1, 2, and 13, Eul evidence Nos. 20, and 32, the purport of the whole pleadings.

2. The Plaintiffs’ assertion is invalid on the grounds that there is a serious procedural defect, such as the absence of a resolution by a false resolution voluntarily prepared by G, I, and J (hereinafter “G, etc.”) or the violation of the convocation body and procedure stipulated in the articles of incorporation. A written resolution is forged or falsified, or a resolution by a non-defendant regarding H type, which is not the Defendant.

3. Determination on the lawfulness of the instant lawsuit

A. Even if the previous resolution of a clan is null and void, if the general meeting of clans convened according to legitimate procedures ratified the previous resolution as it is, it is a new resolution with the same content as the previous resolution, so there is no legal interest in seeking confirmation that the new resolution is null and void, not the new resolution for ratification.

B. (See, e.g., Supreme Court Decision 97Da58682, Feb. 24, 1999).

Judgment

1. As seen earlier.

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