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(영문) 수원지방법원성남지원 2017.05.12 2016가합206952
종중총회부존재 내지 무효 확인
Text

1. On September 4, 2016, there is no resolution that the Defendant appointed G as the chairperson of the Defendant at an extraordinary general meeting.

Reasons

1. Basic facts

A. The defendant is Franchis comprised of members of H’s 22 years old descendants I as joint ancestor (hereinafter “the clan of this case”). The plaintiffs and G are members of the clan belonging to the defendant, and plaintiffs D are registered as the defendant’s representative from September 29, 192.

B. Of the rules of the clan of this case, parts pertaining to the general assembly and the election of officers of the clan are as follows.

Article 9 (Election of Officers) The election of officers shall be as follows:

- The Chairperson, Vice-Chairperson, Auditor, and Local Similars shall be elected at the annual meeting.

- The Secretary shall be nominated by the President, and shall be admitted at the ordinary meeting.

Article 10 (Term of Office) The terms of office for officers shall be as follows:

-the term of office of the president, vice-presidents, auditors, and local similaritys elected at the regular meeting shall be two years in principle and may be renewed up to three times, as appropriate.

Article 11 (Meeting) Meetings shall be categorized into the ordinary general meeting, the extraordinary general meeting, the executive meetings and the board of directors.

-The regular meeting shall be held on the first week of September of both calendar, and shall adopt a resolution for ratification of the resolution of the extraordinary general meeting, including the appointment of officers, the final amendment, the management of property, the settlement of accounts, the budget approval, and the resolution of the extraordinary meeting.

- The extraordinary general meeting may be convened every year by the Korean colonial day and the chairman, if necessary, to convene an emergency call, and shall be ratified at the ordinary meeting, although the major urgency of the clans may be resolved.

C. On September 4, 2016, which is the day of the ordinary general meeting set forth in the bylaws of the instant clan, approximately 70 members of the clan of this case were gathered from K of the wife population of the I, which is the place of the ordinary general meeting.

G distributed a title to some of the members present at the above place, “the notice of convening an extraordinary general meeting of the clan,” and the originator’s “W” (hereinafter “the notice of convening this case”). The main content of the said printed article is not elected by a new executive even after a considerable period of time has elapsed since the term of office of the executive of the clan of this case expired, and it is a heavy property.

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