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(영문) 대전지방법원홍성지원 2015.05.28 2013가합2198
종중총회결의 무효
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

1. Basic facts

A. The defendant was K 26 years old L descendants, and was a clan consisting of the descendants of the O, who moved to the two by the grandchildren of M 26 years old, and the plaintiff is a member of the defendant's clan.

B. On June 13, 2004, the Defendant: (a) held a clan general meeting and passed a resolution to elect C as a clan president; and (b) held each clan general meeting on July 28, 2012; (c) passed a resolution to appoint executive officers, such as the entries in the primary purport of the claim (hereinafter “each resolution of the instant general meeting”) on November 3, 2013.

C. On June 13, 2004, the Plaintiff asserted that the resolution of each general assembly as of May 1, 2013, and July 14, 2013 was null and void for reasons such as the Defendant’s June 13, 2004, July 28, 2012, and that the resolution of each general assembly as of July 14, 2013 did not go through legitimate convening procedures, and upon filing an application for a provisional disposition to suspend the performance of duties against C, the Plaintiff was subject to a provisional disposition (hereinafter “instant provisional disposition”) with the Daejeon District Court red support 2013Kahap11 on October 8, 2013.

In the foregoing case, on August 6, 2014, P made a decision to change the Defendant’s acting director to Q Q, as P revealed his intention of resignation of acting director. D.

The defendant Chairperson Q, acting for the president, obtained the permission from this court to hold a temporary general meeting for the dismissal and election of the president of the clan and on March 3, 2015, and until March 3, 2015, he/she temporarily “249 members of the defendant's clans”, “Scafeterias in Chungcheongnamnam R,” “place of 11:00”, and “an agenda item”.

Removal and Election of the Chairperson;

(b)to the extent necessary to establish and amend rules;

C. A written notice of convening a clan general meeting (the notice of convening a convocation for T among the members of the clan was returned), which is called "the plan to preserve the clan property (the plan to deal with the suspected crime of embezzlement)", was sent to some members by calling for whether they attend the general meeting by telephone.

E. 11:00 on March 14, 2015 at the Scafeteria located in Chungcheongnam-nam Budget-gun D.

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