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(영문) 수원지방법원평택지원 2017.10.26 2017가합652
종친회 이사회 . 종친회총회결의무효 확인
Text

1. Of the resolution of the board of directors disciplinary committee adopted by the Defendant as of November 5, 2016 and the general meeting resolution adopted as of November 13, 2016, the Plaintiff.

Reasons

1. Facts of recognition;

A. The defendant is a clan comprised of three lineal descendants.

B. On November 5, 2016, the Defendant held a board of directors and the Disciplinary Committee, and made a resolution to suspend the qualification of a member of the clan pursuant to Article 28 of the Defendant’s Articles of Incorporation and Article 1 of the Addenda, on the ground that “The Defendant did not clearly explain any doubts about the process of paying the purchase price and brokerage fees in the course of purchasing land during the clans, and caused property damage to the clans.”

C. The Plaintiff was not notified of the attendance of the board of directors and the Disciplinary Committee as stated in the Paragraph (b), and no particular opportunity for explanation was provided during the resolution of the disciplinary action.

On November 13, 2016, the Defendant held a general meeting to present the resolution of disciplinary action against the Plaintiff as an agenda, and made a resolution to suspend the Plaintiff’s senior qualification (hereinafter referred to as “instant resolution”).

Article 28 (Disciplinary Action)

1.The following membership may be restricted by resolution of a general meeting to the effect of disciplinary action or membership:

person who commits an act in violation of the bylaws of a meeting;

(b) A person who intentionally causes damage to the property of a clan;

2. Scope of and restrictions on qualifications for disciplinary action;

(a)The members concerned may limit any permanent expulsion or qualification, including the Parties and lineal ascendants and descendants;

(b)the members subject to disciplinary action may attend a meeting of the Party’s disciplinary action and present their opinions;

Article 1 (Application Mutatis Mutandis) Matters not specified in the bylaws of this Meeting shall be governed by general practices.

E. The provisions pertaining to this case in the Defendant’s articles of incorporation are as follows:

[Reasons for Recognition] Unclaimed Pleadings (Articles 208(3)1 and 257 of the Civil Procedure Act)

2. According to the above facts of recognition, the defendant virtually deprived of the plaintiff's status as a clan member by suspending the plaintiff's status as a clan member through the resolution of this case. Although the above resolution was made pursuant to the provisions of Article 28 of the defendant's articles of incorporation, it is a naturally occurring species group.

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