(영문) 전주지방법원 2013.11.29 2013재가합17

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(영문) 전주지방법원 2013.11.29 2013재가합17

종중총회결의무효확인

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1. The quasi-examination of this case shall be dismissed.

2. The costs of quasi-examination shall be borne by the Defendant (Quasi-Review Plaintiff).

Reasons

1. In a case subject to quasi-deliberation filed by the Plaintiff against the Defendant, the fact that the Plaintiff, the Plaintiff’s legal representative, and the Defendant’s representative E respectively appeared on October 23, 2012 on the mediation date and the conciliation of the same content as the attached conciliation clause (hereinafter “instant conciliation”) has been formed is obvious in the record.

2. The conciliation of this case, which is the ground for the defendant's quasi-adjudication, was established under the absence of the power of representation of E, the representative of the defendant, and thus, constitutes "when there is any defect in granting a legal representation right, powers of attorney, or authority necessary to conduct litigation," which is the ground for retrial under Article 451 (1) 3 of the Civil Procedure Act, and the conciliation protocol of this case

According to the defendant's clan rules, the election of executive officers is decided by a resolution of the general meeting of clans, and E did not go through a resolution of the general meeting of clans with respect to the appointment of an acting executive officer.

B. Paragraph 1-b, Paragraph 1-b, Paragraph 1-c, of the conciliation provision of this case: Determination and payment of remuneration for acting directors and employees must be made by a resolution of the general meeting of clan members as stipulated by the defendant's articles of incorporation or as a disposition of the clan's property.

C. According to attached 2-5.2 of the conciliation provisions of this case: according to the defendant's clan rules, a general meeting of the clan shall be decided with the consent of the majority of the members present, and since the amendment of the clan rules shall be decided with the consent of 2/3 or more of the members present at the general meeting of the clan, the above provisions shall change the quorum for the amendment of the clan rules to the majority of the members present at the meeting, and the quorum for the amendment of the clan rules shall be amended, while the quorum for the amendment of the clan rules did not go through the resolution of the general meeting of the clan.

3. Determination as to the legitimacy of the instant quasi-deliberation.

참조조문

-민사소송법 제451조 제1항 제3호

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