logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2018.07.04 2018나20928
종중회칙개정결의무효
Text

1. Revocation of the first instance judgment.

2. A resolution that the Defendant amended the bylaws at the ordinary meeting on June 13, 2015 is null and void.

Reasons

1. Basic facts

A. The defendant is a set of 12 years of age D, which is the 12-year-old member of C, and a set of fms of D, which is the 10-year-old member of D, and the plaintiff is its member.

B. On June 13, 2015, the Defendant sent a notice of notification on the settlement of accounts and ratification thereof from G around June 11, 2015 to its branch members: (i) the case of ratification of the budget in 2015; (ii) the case of ratification of the budget in 2016; (iii) the case of ratification of the payment of old-age pensions in 2015; and (iv) the case of ratification of the payment of old-age pensions in 2015; and (v) the notice of convening the general meeting

C. On June 13, 2015, at the ordinary meeting held in G (hereinafter “instant ordinary meeting”) held in G, 81 members were present under the presence of K, the Defendant’s president, and deliberated on the cases of approval of the annual settlement of accounts in 2015, approval of the budget in 2016, and the cases of approval of the payment of old-age pension plans in 2015. Each of the above items was resolved at the full value of the number of participants.

K continuously proposed the agenda for the improvement of executive officers, and the authority to carry out the meeting to the recommended L who is recommended as the Speaker pro tempore began to deliberate on the improvement of executive officers in the presence of L.

However, as L, who is the Speaker pro tempore, voluntarily resigns from the Speaker and ceases to hold a general meeting, due to the comparison of opinions on the qualifications of candidates for the president and voting methods among the clan members, H would inevitably proceed with the general meeting as the Speaker pro tempore at the request of M, N,O, etc. who are the members of the clan, and H decided K as the president of the clan by mediating K who is the current president and the J as the president of the clan, and newly establishing the senior vice-president and proposed the agenda to be appointed as the president of the J as the president of the general meeting.

F. As to the foregoing agenda to be newly established as a senior vice-chairperson, all members of the remaining members present except the Plaintiff were approved, and H, who is the Speaker pro tempore, shall be the general secretary, stating that “I shall always establish the senior vice-chairperson system, so as not to interfere with the amendment of the regulations,” and I shall succeed to the next senior vice-chairperson without an election, and shall be intentional or gross negligence.

arrow