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(영문) 수원지방법원안양지원 2016.07.15 2015가합103109
총회결의무효확인
Text

1. The part concerning the confirmation of invalidity of the agenda items No. 1 as indicated in the separate sheet among the instant lawsuit shall be dismissed.

2. The Defendant on December 2012

Reasons

1. Basic facts

A. The defendant is a clan consisting of the descendants of Joseon D D D D D D D D D 4 who completed registration in the family register, and six family clans, including F, G, H, I, J, K, and K, under its jurisdiction. The plaintiff is the defendant's member under H.

B. On February 12, 2012, the Defendant held an ordinary general meeting (hereinafter “instant general meeting”); at the time, L, the president of the Defendant, declared that each of the items as indicated in the separate sheet (hereinafter “each of the instant items”) was passed (hereinafter “instant resolution”).

Article 13 (General Assembly)

1. A general meeting of the plenary session shall be comprised of members, and only persons who attend the meeting on M days (by January 21 of the sound record) shall exercise voting rights, and may, if necessary, hold an extraordinary general meeting by a resolution of the board

Article 15 (Written Resolutions)

1. (Quorum for Opening of Session) All meetings shall be held at the meetings of a majority of all incumbent persons;

The members present at a general meeting shall be deemed the number of persons present.

2. (Quorum) All agenda items shall be decided with a majority vote of the number of present members, but when the numbers of votes of approval and disapproval are determined by the Speaker;

Provided, That a resolution on the acquisition and disposal of property and the amendment of the regulations shall be made with the consent of at least 2/3 of the incumbent members.

C. The defendant's clan rules (the rules amended on February 23, 201) related to the instant case are as follows.

[Reasons for Recognition] Unsatisfy Facts, Gap's entry in Gap's 1, 2, 5, and 6 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. The Defendant’s assertion ① The resolution on the agenda under subparagraph 1 is the content that delegates the authority to conclude a lease agreement with the N and N on the land owned by the Defendant to the board of directors for a period of 30 years. Since it is the most effective and appropriate means to dispute the validity of a land lease agreement concluded between the Defendant and N, there is no benefit to seek confirmation to nullify the said

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