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(영문) 광주지방법원 2019.11.29 2019가합53124
회장지위부존재
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. The Defendant is a clan that is a joint ancestor group among the three-years of F, who is 30 grandchildren of E, and the Plaintiff is appointed as the Defendant’s president at the ordinary general meeting on November 12, 2018, and D is a person who was appointed as the Defendant’s president at the ordinary general meeting on November 2015 and was in the position of president.

B. On May 11, 2018, the Defendant’s clan C and D made a written agreement (hereinafter “instant agreement”) stating that “for the unity of the members of the clan and the development of the literature, the term of office of the president shall be three years at the ordinary general meeting of G in 2018, and the new officers shall be elected by amending the regulations following the amendment of other phrases, and the mutual expenses incurred in the course of the litigation shall be agreed in the form of expenditure, and the mutual civil and criminal litigation shall be withdrawn,” thereby making it clear that D shall complete the term of office of three years and resign from the Defendant’s president.

C. On November 12, 2018, the Defendant held a general meeting, and approved the validity of the instant agreement at the above general meeting, and made a resolution to appoint the Plaintiff as the chairperson of the Defendant.

As above, the term of office of D’s president was expired on November 2018 after three years from November 2015, 2018, and even if the Plaintiff was appointed as the president of the Defendant at the ordinary general meeting of shareholders in 2018, D did not transfer the Defendant’s account books, etc. to the Plaintiff, and continues to manage the Defendant’s account books, etc., while managing the Defendant’s account.

E. Therefore, we seek confirmation as to the fact that D as the instant lawsuit is not the Defendant’s Chairperson and that the Plaintiff is the Defendant’s Chairperson.

2. According to the reasoning of the judgment and evidence No. 2-2, D and C are acknowledged to have prepared the instant agreement as alleged by the Plaintiff on May 11, 2018, and comprehensively taking account of the overall purport of the statements and arguments set forth in Articles 1 and 2-1 and 2-2, Article 12 of the Defendant’s bylaws is five years.

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