logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.05.25 2016가합1573
정기총회결의무효확인
Text

1. The plaintiff (appointed party)'s claim is all dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. The defendant is a clan with D. 15 years old E as a joint ancestor, which consists of descendants, and the plaintiff (appointed party; hereinafter referred to as the "Plaintiff") and the designated parties are the members of the defendant's clan.

B. On June 26, 2016, the Defendant held a general meeting of the instant case, and passed a resolution to amend the Defendant’s clan rules (hereinafter “resolution to amend the instant rules”) on the following agenda items: (i) the Defendant made a resolution to elect C as the Defendant’s representative (hereinafter “resolution to elect the representative”) on the following table 1; and (ii) the Defendant made a resolution to elect C as the Defendant’s representative (hereinafter “resolution to elect the representative of the instant case”).

The members of the plenary session under Article 6 (Duties and Rights) of the Regulations prior to the amendment of the major contents of the resolution on the amendment of the Regulations of this case (Enforcement Rule of March 9, 2015) (Enforcement Rule of June 26, 2016) shall have the following obligations:

3. The officers shall be entitled to vote and to be elected.

Article 6 (Duties and Rights) Members of the plenary session shall have the following duties and rights:

3. The members shall be entitled to vote and to be elected.

Provided, That matters related to the following subparagraphs may be restricted to the eligibility of executives:

(1) Where any violation of the Act is conducted under Article 33 (1), the Commission is sentenced to a fine not less than one million won for the violation of the objectives of the business.

자. 단, 종료일부터 5년 이상 10년 이내 ㉡ 사업목적을 위반하여 집행유예 처분을 받은 자 ② 문중 족보에 따른 하자 및 결격 사유가 있는 자 ㉠ F 직계후손이 아닌 계자 ㉡ 본을 D씨로 변경한 자 ㉢ 족보(무후, 무고, 무단) 또는 호적(제적등본)상 상계가 불분명한 자 ㉣ 본관이 상이한 자 제8조 (임원, 고문의 임기 및 선출) 2항, 회장은 G문중, H문중, I문중 회원 중 순서에 의하여 추천하고 총회 의결로 선출한다.

Article 8 (Term of Office and Election of Advisors) (2) The Chairperson shall be elected by resolution at a general meeting.

Article 33 (Disciplinary Action) (1), and members of the plenary session shall take charge of the following acts:

arrow