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(영문) 수원지방법원성남지원 2015.04.07 2014가합206842
회장지위 부존재 확인 등
Text

1. The plaintiff's lawsuit against the defendant B shall be dismissed.

2. The Plaintiff’s claim against Defendant C is dismissed in entirety.

3...

Reasons

1. Basic facts

A. On November 7, 2012, the Plaintiff was in the position of the president of the clan of Defendant clan, and each of the “public announcement of the opening of the general meeting of the Defendant clan 2012” in the Seoul Economic Newspapers.

Accordingly, on November 15, 2012, from G located in F in Gwangju City on November 11, 2012, a general meeting of 2012 was held, and the members who attended this general meeting were decided to select the plaintiff as the head of the clan.

B. On November 9, 2012, Defendant B held the office of acting as the president of the Defendant clan on behalf of the Republic of Korea, and each of the Seoul Economic Newspapers “public announcement of the opening of the 2012 ordinary general meeting of the Defendant clan.”

Accordingly, on November 15, 2012, 10:30, 10:30 Gwangju-si D, the ordinary general meeting was held in 2012, and the clan members present at this general meeting passed a resolution to select Defendant B as the president of the clan.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including branch numbers in case of additional number), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion asserts as follows as the ground for the claim of this case.

On November 2012, the authority to convene the general meeting of the defendant clan was vested in the plaintiff, and the plaintiff had already announced the convocation of the general meeting of the defendant clan on November 7, 2012. Thus, there is a significant defect in the convocation procedure in the general meeting of the general meeting convened by the defendant B, who was not an acting representative, thereafter.

In addition, since the general meeting of the defendant clan has been held from around 2009 in "G", the general meeting convened by the plaintiff was held in the above G according to the custom, and there are more than the number of members than the general meeting convened by the defendant Eul, so only the resolution of selecting the plaintiff as the president at the general meeting convened by the plaintiff as the president is valid.

Therefore, it is confirmed that the resolution that Defendant B was elected as the president of the clan at the ordinary general meeting of shareholders as stated in the purport of the claim convened by Defendant B, and that Defendant B is not in the position of the president of the clan.

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