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(영문) 의정부지방법원고양지원 2016.01.29 2015가합1956
종중임시총회결의무효확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant is a clan that is composed of descendants of 18 years of age D belonging to the CCoin and consists of descendants, and the plaintiff is a clan member who has served the defendant's chairperson.

B. The contents related to the instant case in the Defendant’s articles of incorporation are as follows.

Article 8:General Meeting

1. The general meeting shall be divided into an ordinary general meeting and an extraordinary general meeting;

2) The convening of the extraordinary meeting (1) is to be convened by the board of directors when the president or a director deems it necessary. (2) The convening of the extraordinary meeting is to be convened by the chairperson pursuant to the provisions when the majority of the members of the clan present the purpose of the meeting and the contents of the meeting, but the chairperson does not comply with the convening without justifiable grounds, 14 days after the demand for convening the meeting. (3) The convening of the extraordinary meeting must give notice stating agenda, date and time, and place of convening the meeting seven days before the date of convening the extraordinary meeting. (4) The method of notification must be registered by registered mail in principle. (c) The defendant's clan members requested the plaintiff on September 4, 2013, when the plaintiff is the chairperson of the defendant, who is the defendant's chairperson, to convene the extraordinary meeting. In response to the plaintiff's refusal, the defendant requested the convening of the general meeting from the court of Seoul Western District Court (Seoul Western Branch Court 2013 non-joint 47) to permit the convening of the special meeting.

D. Accordingly, E, who was aware of the Defendant’s existence of the Defendant’s relationship, and F, who was the Chairman of the Preparation Committee for the Special General Meeting, around 10:00 on February 15, 2014 (hereinafter “instant Special Meeting”).

The defendant's clans did not call a special general meeting in their names, and 110 members of the defendant's clans (including voting delegations) attending the general meeting of this case shall be appointed by the defendant as to the appointment of the new clans among the agenda of the meeting.

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