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(영문) 전주지방법원 2017.01.13 2015가합20
임시총회결의무효확인
Text

1. Of the Plaintiff’s primary claims, the Plaintiff is the president of the Defendant at an extraordinary general meeting held by the Defendant on July 19, 2014.

Reasons

In fact, the defendant is a clan established for the purpose of protecting the graves of a ship and preserving and maintaining the soil of a ship with descendants who jointly set up F as 22 descendants of D trial E and the plaintiff is a member of the defendant's clan.

On April 7, 2013, the Defendant held an extraordinary general meeting as of May 26, 2013 and the extraordinary general meeting as of May 26, 2013 to appoint the Plaintiff as the representative, and passed a resolution on the appointment of the Plaintiff to recover the Defendant’s property.

After that, on April 7, 2013, the Defendant deemed G as a person who had a duty to care in convening an extraordinary general meeting and confirmed the said resolution on May 26, 2013, on the grounds that there is a defect in the procedure for convening an extraordinary general meeting as of April 7, 2013.

On June 30, 2014, Defendant H and 76 members, who are the Defendant’s standing directors at the special general meeting of July 19, 2014, were harsh, such as embezzlement of real estate rent owned by the Plaintiff, etc., and thus, Defendant’s operation cannot be entrusted to the Plaintiff. Thus, until July 9, 2014, Defendant demanded to convene a general meeting to the effect that it is called “the convening of a general meeting to the effect that it is called for the reorganization of the representative and executive officers.”

On July 10, 2014, the Plaintiff did not comply with the above request for convening a general meeting, H and the Defendant’s auditor I sent a notice of convening a special general meeting, which made the Defendant’s subordinate members dismissed, C’s appointment, and restructuring of executive officers as an agenda item.

Accordingly, the Defendant held an extraordinary general meeting on July 19, 2014 (hereinafter “instant extraordinary meeting”) and then dismissed the Plaintiff from the Defendant’s representative (hereinafter “the resolution on the dismissal of the representative”) with the consent of 89 in total of 153 members who attended the meeting and 32 members who delegated voting rights among 153 members, and 57 members who delegated voting rights, and “the resolution on the appointment of the representative on July 19, 2014,” which appoints C as a new representative.

A. Before 200:

On the other hand, the defendant's special general meeting on June 30, 2015, while the defendant's notice of convening a convening authority, such as J, around June 2015, shall be issued to all members.

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