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(영문) 수원지방법원 2020.09.09 2019가합26321
종중대표자지위 부존재 확인
Text

1. To confirm that an independent party intervenor does not have any status as the representative of the defendant;

2...

Reasons

Basic Facts

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 9, 23, 24 (including each number; hereinafter the same shall apply)

A) Each description of this court, a significant fact in this court, the purport of the entire pleadings / The defendant is a clan comprised of 22 years old descendants of GC H H I, and the current clan members are approximately 100.

The plaintiffs and intervenors are the members of the defendant's clan, and the intervenors were appointed from November 5, 201 to the president of the ordinary general meeting of the defendants (No. 10, 2011).

The parts related to this case among the defendant's clan rules (hereinafter "the clan rules of this case") are as follows:

VII.(Executive Officers)The Board shall have the following executive officers:

2.One chairperson (Election of Officers) Article 8 (Election of Officers) shall be elected as follows:

1.The Chairman and the Auditor shall be elected by the Assembly.

Article 12 (Duties of Officers) An officer of the plenary session shall observe the provisions of the plenary session and shall not, in any case, engage in any profit-making conduct by any person using the title.

Article 13 (Meeting) The following meetings shall be established:

1. General meetings:

2. The general meeting under Article 14 (Convocation of General Meeting) of the board of directors shall be held at the Ministry of Foreign Affairs in the Ministry of Foreign Affairs ( October 10 each year), while the special meeting shall be convened at the time when the chairperson deems it necessary and at the request of a director;

Article 16 (Functions of General Meeting)The Assembly shall decide:

1. Establishment, amendment and repeal of the association rules;

4. Election of executives;

6. Other matters relating to the development of the central meeting shall be constituted by the number of participants present at the general meeting.

Resolutions by a majority of the present members.

The Chairperson shall hold an extraordinary general meeting at the request of at least seven City/Do or members, and the quorum shall be 20 persons for the quorum, and the resolution shall be determined with the consent of 2/3.

Article 23 (Minutes of Various levels of Meetings) Meetings of each level shall prepare minutes and the chairperson and one person present shall sign and seal the minutes.

Article 28 (Disciplinary Action) When a member of the plenary session commits any of the following acts, he/she shall be subject to disciplinary action and report to the following general meeting:

1. An act in violation of the regulations or regulations;

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