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(영문) 대구지방법원 2018.01.25 2017가합630
종중회칙개정결의무효
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

The defendant is the 12-year-old descendant D, which is the 10-year-old clan of Fmpon, the defendant is the 10-year-old descendant D, and the 10-year-old descendant E is the common ancestor, and the plaintiff is the clan of the defendant.

On June 13, 2015, the Defendant held a general meeting (hereinafter referred to as “instant general meeting”) at the clan conference room (G) and passed a resolution to amend the Defendant’s rules (hereinafter referred to as “instant resolution”) as shown in the attached Form.

However, the guidance letter sent by the defendant to a member of the above general meeting by the defendant while notifying the defendant of the convening of the above general meeting is an agenda item of the above general meeting, the settlement of accounts and ratification thereof in 2015, the confirmation of the budget bill in 2016, the confirmation of the ratification of the payment of old-age pensions in 2015, the improvement of officers was stated, and the amendment of the rules was not stated.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 6 evidence, the purport of the whole argument of the plaintiff as to the purport of the whole argument, the resolution of this case is null and void due to the existence of procedural defects as follows.

Article 11 (b) of the Revised Rules concerning the defect in the contents of the resolution in this case, Article 11 (c) of the Revised Rules infringes on the essential contents of the right to vote of the chairman and the right to be elected, Article 12 (d) of the Revised Rules is an asset management regulation that circumvents the right to deliberate on the budget and the right to approve the settlement of accounts of the members. Article 5 (b) of the Revised Rules infringes on the essential contents of the right to vote of the chairman and basic rights of the members.

With respect to procedural defects, the defendant adopted a resolution on the amendment of the rules that did not state the notice of convening the general assembly of this case as the purpose.

Article 1 of the Addenda to the defendant's association rules provides that the board of directors shall first deliberate and resolve on matters concerning the amendment of the rules, and the defendant did not follow the above procedures.

The Assembly of this case was conducted by H, and H is not qualified as Speaker pro tempore.

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