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(영문) 수원지방법원 2016.08.12 2015가합63919
정기총회결의무효확인
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The defendant is a clan of which J is a joint ancestor, and the plaintiffs are the members of the defendant's clan.

B. On November 25, 2014, the Defendant issued a notice to 542 members residing in the Republic of Korea among the total number of 608 members at the Seocho-gu Seoul Metropolitan Government Round 19, Seocho-gu 19 and Seocho 2 post offices with the first floor underground of Seocho 2014 as follows: “Temporary: 14:00 on December 14, 2014; 2nd class lecture of the management officer of the Seocho-si Mari-si Mari-si Mari-si Mari-si Mari-si Mari-si; 2nd class 2014; (3) the case of election of the new president; (4) the case of dismissal of the existing officers (director, auditor and general secretary); (5) the case of new officers (director, auditor and general director); and (6) the case of convening the general meeting as the case’s “major general meeting” (hereinafter referred to as the “instant notice”).

C. At around 14:00 on December 14, 2014, the Defendant held a general meeting (hereinafter “instant general meeting”) with 456 members from among the clan members, and passed a resolution to delegate the Defendant’s resolution to the Defendant’s board of directors to the new clan president, to appoint 16 members, each of the 16 members listed in the attached Table 1 list (hereinafter “instant 16 members”), and to each real estate listed in the attached Table 2 list (hereinafter “instant real estate”) which is scheduled to be admitted as a road site (hereinafter “instant real estate”).

Relevant provisions of the defendant's articles of incorporation are as follows:

Article 8 (Qualifications for Officers) of the Articles of Incorporation of H shall be subject to the following subparagraphs:

1. Its officers shall be those who actively participate in the management of graves, religious rites, and various meetings of the ancestor and who can learn and learn the history of the clan;

2. The officers shall be the leader of the clan's duties, and shall not pursue personal profit-making on the clan property, and shall manage and preserve it in good faith.

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