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(영문) 울산지방법원 2019.05.22 2018가합1335
종중총회결의무효확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an organization established for the purpose of promoting friendship between the graves of the common shipbuilding and the religious services, and the Defendant is the head of the Plaintiff’s religious services.

B. On April 24, 2016, the Plaintiff filed a lawsuit against the Plaintiff (representative D) in Busan District Court to confirm that the resolution of appointment of D as the representative of D was null and void, and appealed to the Busan High Court. On March 30, 2018, the Busan High Court issued a voluntary mediation with the purport that “A clan shall hold a general meeting to elect the representative of a clan on April 22, 2018,” and that “A clan clan shall hold a general meeting to elect the representative of the clan in accordance with the articles of incorporation of the said clan.”

(J) Busan District Court 2016Kahap4584, Busan High Court 2017Na53616, c).

On the other hand, on April 11, 2018, F et al., who wished to elect the Plaintiff’s clan E as the Plaintiff’s representative, notified the Plaintiff’s clan members of “the meeting convened a general meeting to resolve the agenda to be selected by the representative of a clan on the second floor of the H conference room located in Yangsan-si at 9:00 on April 22, 2018.” On April 22, 2018, the general meeting was held at 9:00 on April 22, 2018. According to the minutes prepared at the time, the members of the 36 members (22 members and 14 members) agreed to agree on the agenda to be selected as the representative of E.

On the other hand, on April 9, 2018, the defendant notified the members of the clan under the name of the representative D to the effect that "a general meeting is convened to resolve the agenda to be selected by the representative of the clan in the J room located in I in Busan in the city of Busan on April 22, 2018." On April 22, 2018, the defendant held the general meeting at 3 p.m. on April 22, 2018. At the above general meeting, the defendant decided to approve the agenda on which 253 members of the 251 members of the 251 members (42 members, 211 members) appointed the defendant as the representative of the defendant.

(hereinafter “instant resolution”). E.

However, on April 22, 2018, E held a general meeting of the plaintiff at 9 A.M., and above.

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