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(영문) 수원지방법원성남지원 2016.02.02 2015가합204003
종중총회결의무효확인 청구의 소
Text

1. A resolution that the Defendant appointed C as the president at an extraordinary general meeting held on June 15, 2014 is invalid.

2...

Reasons

1. Facts of recognition;

A. The defendant is a clan of which descendants are 23 years of age or older in DC City, and which consists of descendants.

B. The Defendant’s existing president and general secretary were F and G. At the ordinary meeting held on April 7, 2013, the Defendant’s president and general secretary were changed to G and the Plaintiff respectively.

(The Vice-Chairperson H did not change).

Around that time, there was a violation such as embezzlement of F and G clan property, and the defendant board of directors held on May 5, 2013 suspended F, G, and H’s right to end, and the level of disciplinary action (suspension period) was determined after re-audit. D.

On May 12, 2013, the Defendant Council, held on May 12, 2013, passed a resolution to elect the Plaintiff as acting for the president. On August 17, 2013, the Defendant Council, held on August 17, 2013, a resolution to deprive F and G of the qualification of clan members for 20 years.

E. On March 1, 2014, the Defendant board of directors held on March 1, 2014, a resolution was passed to revise Article 11(2) of the Rules to the effect that “The president acting for the president with the authority of the president to notify the president, and the president and vice president acting for the president on behalf of the president.”

F. The Plaintiff was appointed as the Defendant’s president at the Defendant’s ordinary general meeting held on March 16, 2014, but it was confirmed that the said resolution was null and void due to C’s final and conclusive judgment accepting C’s claim in a lawsuit seeking nullification of the resolution of appointment of the president of the above general meeting filed against the Defendant.

G. On June 15, 2014, when G convened, a resolution was adopted at the Defendant extraordinary general meeting (hereinafter “instant extraordinary meeting”) to select C as the Chairperson (hereinafter “instant resolution”).

H. On May 30, 2014, G sent a muster notice to 149 members of the clan recorded in the clan register for the convening of the instant special general meeting, and 86 members of the clan were present at the instant special meeting.

(including 30 clans who have submitted a letter of delegation). . [Reasons for recognition] . (No dispute exists, Gap evidence 1 through 5, 7, and Eul evidence 1, 2, 6, 7.

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