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(영문) 서울동부지방법원 2017.10.11 2017가합101537
종중총회결의무효확인
Text

1. On October 6, 2016, the Defendant confirmed that a resolution in which the J was appointed by the General Assembly of the Republic of Korea as the president is null and void.

2. The costs of lawsuit;

Reasons

1. Basic facts

A. The defendant is a clan that is composed of adult male and female descendants by K as a Si of Si, and the plaintiffs are the clan members of the defendant.

Notice

I. Pursuant to article 11 and paragraph 2 of article 17 of the Code, the Assembly during the Class I of the year 2016 shall be convened as follows:

1. Date: 11 am on October 6, 2016;

3. Persons eligible for attendance (275 persons): Advisors, vice-chairpersons, auditors, directors, and delegates.

4. Item 1 agenda: A bill referred to in subparagraph 2 for the election of the chairperson: The case of election of the chairperson.

B. On September 7, 2016, L of the Defendant’s extraordinary session L was included in the Defendant’s electoral registry when holding a general meeting and announcing the registration of a candidate for the president as follows.

C. On October 6, 2016, the Defendant held the general assembly of this case and held a president’s election. At the time, 237 persons, including six advisers, participated in the voting. As a result of the election, the Intervenor joining the Defendant (hereinafter “ Intervenor”) obtained the 82 votes and M 76 votes, respectively, and the Intervenor was appointed as the president.

The following officers and delegates shall be assigned to the clans in Chapter II of the Code (amended by June 26, 2014), Article 5 (Number of Officers and Representatives):

(1) One president (including the standing vice president) and (3) 3 auditors. (5) Representatives (including paragraphs (1) through (4) of Article 6 (Appointment, Definition, and Term of Office of Representatives) (1) Representatives refer to five persons recommended by the Korean clans Association for the performance of the clans in five areas provided for in Article 7-2 (1), among the members of the Korean I, and executives shall be persons provided for in Article 5 (1) through (4).

(2) No more than 270 persons who have voting rights at a general meeting shall be appointed, and the term of office of such persons shall be three years from the date on which an ordinary general meeting for the appointment of representatives is held.

Article 7 (Appointment and Selection Method of Representatives) Appointments, and Representatives shall be elected at the Assembly by the following methods:

(1) The chairperson and auditors shall be elected at a general meeting.

§ 8. Officers.

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