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(영문) 대전지방법원천안지원 2019.05.17 2018가합100192
종중회계장부 등 인도
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a clan set up in Cmp Article 21 of the Cmp, D (i E) and F (i) of the Cmp, and the Defendant was appointed as the president at the ordinary general meeting of 2016 held on January 10, 2016.

B. On December 2, 2017, the Plaintiff held an ordinary general meeting in December 2, 2017. In the above general meeting, some of the members argued that the new president should be elected since the Defendant’s term of office expires. A resolution was made to appoint H as the president by some of the members.

C. The Defendant held an extraordinary general meeting on June 3, 2018 with respect to the validity of the resolution of the general meeting held on December 2, 2017, and the “A-Class Emergency Countermeasures Committee” held on the validity of the resolution of the general meeting held on June 3, 2018. The Defendant was dismissed from office as the president and H was elected as the president.

On July 27, 2018, 97 members, including H, filed an application for special meeting call with the competent court on the following matters: (a) amendment of the Code of the president of the organization to which they are to be established, (b) election of the president and officers of the organization to be established, and (c) election of the members of the organization to be established, and (b) decision on November 8, 2018, the Daejeon District Court rendered a decision on November 8, 2018 201 to allow the amendment of the Code, such as the presidential election system, (c) the president of the organization to be established under the jurisdiction of the Daejeon District Court, and (d) the application for a special meeting call on the matters concerning the

(hereinafter referred to as “decision on Permission to Convene the Special General Meeting of this case”).

According to the instant decision on permission to convene an extraordinary general meeting, H was appointed as the president of the Plaintiff at the Plaintiff’s extraordinary general meeting held on December 8, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 2, 4, 5 (including each number; hereinafter the same shall apply), Eul evidence 5 and 6, the purport of the whole pleadings

2. The parties' assertion

A. The term of office of the Plaintiff Defendant expired, and H was legally elected as the Plaintiff’s president according to the Plaintiff’s general meeting resolution on December 2, 2017, the Plaintiff’s general meeting resolution on June 3, 2018, or the general meeting resolution on December 8, 2018, and the Defendant is in possession of the former president as the Plaintiff who elected the new president.

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