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(영문) 전주지방법원 2017.08.25 2016가합3996
종중결의무효확인
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

In fact, the defendant clan is composed of descendants of F, and the plaintiff is the member of the defendant clan.

The defendant clan held a special general meeting on October 16, 2016 (hereinafter referred to as the "special meeting of this case") and elected D as the chairperson with respect to the case of the replacement of the representative of the defendant clan (the consent of all the 34 members of the clan), ② with respect to the case of sale of 3/2 of the size of 508 square meters in the 3/2 (hereinafter referred to as the "land of this case"), the defendant clan decided to sell G to sell (30, the 34 members of the clan present, the 34 members of the clan present, the 28 members of G among the 34 members of the clan present, the 4 members of the plaintiff, the 1 member of the press, and the 1 member of the press), and there was no resolution to select all the resolution E as a general meeting.

(B) No. 2) (hereinafter “the instant resolution of the special general meeting”) was made.

The plaintiff was present at the above special meeting.

The main contents of the defendant's bylaws pertaining to this case are as follows:

Article 5 of the Rules of the clan: The members of the clan shall be the descendants of the F, who are at least 20 years of age.

Article 6: This clan shall have the following officers:

1. One chairman;

2. One vice-chairperson;

3. One secretary;

4. One financial officer; and

5. One auditor.

6. Four directors: Executive officers under Article 6 shall be elected at the ordinary general meeting, and their terms of office shall be three years.

Provided, That the reappointment may be allowed.

Article 12:Regular General Meeting shall be April 5 of each year.

A temporary general meeting shall be convened by the Chairperson, if necessary or at the request of at least 1/3 of the members.

Article 13:Quorum of incumbent members shall be the number of members attending F's funerals.

Article 18: The board of directors shall pass a resolution on the following matters with the consent of at least 2/3 of the total number of directors, and shall report and obtain approval from the next clan general meeting:

1. Cases concerning the management, acquisition and disposal of basic property;

2. The plaintiff's assertion of the ground for recognition, the absence of dispute, Eul's evidence Nos. 1 and 3, and the purport of the whole pleadings.

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