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(영문) 수원지방법원 2019.06.05 2018가합24199
종중총회결의무효확인
Text

1. A resolution by the Defendant, on September 24, 2018, to appoint G as the president at an ordinary general meeting of shareholders, and H as a general secretary, is null and void.

Reasons

Facts of recognition

The defendant is a clan with I as a joint ancestor, and the plaintiffs and the defendant joining the defendant (hereinafter referred to as the "participating") are the defendant's clan members.

J on January 208, 2008, the Defendant’s representative director is appointed at the extraordinary general meeting (the Defendant’s representative under the Rules is defined as “representative director” and actually refers to “the president”; hereinafter all of them are referred to as “representative”).

J was reappointed in 2016 as the representative of the ordinary general meeting, and the defendant's executive officers were also appointed on the same day.

The J resigned from the representative at the defendant extraordinary general meeting on April 14, 2018, and the remaining executives of the defendant also resigned or dismissed from the above extraordinary meeting.

On September 17, 2018, K, the head of the Defendant’s annual appeal, issued a notice of convening an extraordinary general meeting for the appointment of the Defendant’s representative and executive officers at an active restaurant near the area of active service on October 20, 2018.

(hereinafter referred to as the “instant notification”). On September 24, 2018, J referred the Defendant’s new representative and officer appointment to the 78 employees of the Defendant, present at an open general meeting on the wife population L, which was held on September 24, 2018.

(hereinafter referred to as the “instant general meeting”). Since some of the members had already been given the instant notice of convening the instant general meeting, it was doubtful whether it is possible to appoint a representative and an officer at the general meeting.

At the present assembly, J presided over a meeting as the chairperson, and passed a resolution to appoint the Intervenor G as the defendant's representative, and again, the Intervenor G presided over the meeting and passed a resolution to appoint the Intervenor H as general secretary.

(hereinafter referred to as “each of the instant resolutions”). The Defendant held a general meeting in M Burial in the area of the wife population L in the Yellow-si of Sou-si each year, and the Defendant’s rules relating to the instant resolutions are as follows:

Article 6 The General Assembly of the clans shall be the highest resolution body for the clans, and their ability to serve shall be as follows:

1. The terms of the officers prescribed in Article 10 of the Act on the Appointment of Officers and the Management of Property of the Main Species shall be as follows:

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