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(영문) 청주지방법원제천지원 2020.01.09 2019가합10043
유체동산인도
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 Plaintiff and the Defendant are regular members of the Cdong Village Association comprised of the residents of the Dong-si, Incheon Metropolitan City (hereinafter “village Association”).

According to Article 8 (1) of the Articles of Incorporation of the Village Association (amended by April 13, 2018; hereinafter “former Articles of Incorporation”) at the time the Defendant was elected as the president by February 14, 2017, the term of office of executive officers is two years, when the Plaintiff was elected as the president from the extraordinary meeting of the Village Council on February 14, 2017.

A person who works as the Chairperson is the Chairperson.

B. The articles of association of the Village Association was amended at an extraordinary general meeting of the Village Association on April 13, 2018, and remains effective from April 14, 2018 until that date.

The parts relating to this case in the articles of association of a village association are as follows:

Article 4 (Qualification Members): A regular member shall be elected at the general meeting or at the extraordinary general meeting of the head of the household from among the residents of the actual household moving-in to the City, Incheon-si, who are members of the Village Council, the head of the Tong, and the auditor.

Article 15 (General Assembly) A general meeting shall be comprised of regular members, and the Chairperson shall preside over it.

The general meetings shall be divided into the general and extraordinary general meetings.

Where a general meeting is to be convened under Article 18, a notice of convening a general meeting shall be sent to regular members not later than seven days prior to the opening of the general meeting, stating the purpose of the meeting, the agenda and date and place of the meeting.

Provided, That when a general meeting is convened again for the same purpose, it shall be notified by the day preceding the opening.

The method of convening under paragraph (1) may be substituted by the transmission of village broadcasting and text messages at least twice.

Article 19 (Matters to be Resolved at General Meeting) The following matters shall be resolved with the attendance of a majority of regular members and with the concurrent vote of at least two thirds of regular members present:

Article 30 (Election Management Regulations) The village council shall dispose of the common property of the village council to amend its articles of association.

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