logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2013.08.23 2013가합2502
종중결의무효확인
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 defendant as a party's member (hereinafter "the defendant's clan") is a clan set up in D, and the defendant's clan consists of five clans set up in the Si of E, F, G, H, and I, the children of D. The plaintiff is a member of the defendant's clan who was appointed as the auditor of the defendant's clan on April 30, 2008.

B. On September 27, 2011, J was elected as the president and auditor at the ordinary meeting of the defendant clan held on April 30, 2008. However, K, who had worked as the accounting staff of the defendant clan, conspired with her husband on March 11, 2005, was responsible for embezzlement of KRW 1.380 million from March 11, 2005 to December 11, 2009, and expressed its intention of resignation as the president at the meeting of the board of directors held on January 7, 2011, which was held on January 7, 2011, before the expiration of the term. 2) The chairperson was formed and appointed as the chairperson, and the above committee was decided as the co-chairperson of the clan reorganization committee. The defendant clan decided as the co-chairperson of the clan reorganization committee and the above committee decided as the co-chairperson of the clan reorganization committee on April 19, 2011.

L/C convened and held the special meeting (hereinafter “instant special meeting”) on September 27, 201 in the name of the co-chairperson of the clan Normalization Committee, and there was a resolution to elect C as the chairperson at the said special meeting.

C. A dispute over the validity of the instant special meeting, and the holding of the instant general meeting on March 22, 2012, the Plaintiff applied for provisional disposition against the Defendant clan on the ground that the resolution of the instant special meeting by a person who has no authority to convene was null and void, with respect to C elected by the president under the said resolution as the court 201Kahap2078. On February 16, 2012, the Plaintiff received a provisional disposition against the Defendant clan on the ground that the instant special meeting was convened by C and L, not by the person holding the authority to convene the Defendant clan’s general meeting. (2) The Plaintiff was granted a provisional disposition against the Defendant clan 201Kahap17357.

arrow