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(영문) 제주지방법원 2018.02.22 2016가합628
회계자금반환 등
Text

The Defendants are bound to deliver to the Plaintiff the passbook in the name of the Plaintiff, each of the documents and movables listed in the separate sheet.

Reasons

1. The basic facts are the clans comprised of descendants, who are 15 years of age in D. C. E., the descendants of D. C. H., a mid-term Si.

Plaintiff

Article 8 of the Constitution of the Republic of Korea provides, “The regular general meeting shall be held once a year, and shall be held on March 1, 198 on the date of vision.”

[Ground for recognition] Unsatisfy

2. The parties' assertion

A. (1) On November 13, 2015, the Plaintiff’s assertion 1) attended the meeting of the president of the Plaintiff’s clan and the president of the Plaintiff’s clan, Defendant B, Defendant C, and Jeju-do residing in the Seoul-si Office at the time of the meeting in the Namyang-si Office, and held the general meeting. (2) However, during the general meeting of 2015, Defendant B (Defendant B was elected as the president at the general meeting held in the year 2012 at the general meeting of 2015) and refused to resign, and the head of the Jeju-do residing in Jeju-do refused to resign from the meeting, and then elected the officers, such as the president, by continuing the meeting, who elected the Sejong as the Speaker pro tempore.

3) Nevertheless, the Defendants still refused to return the Plaintiff’s deposit passbooks, etc. as the president and manager, and ratified the resolution of the 2015 ordinary general meeting, the 2015 ordinary general meeting, the 2016 ordinary general meeting, and the 2016 ordinary general meeting held in September 24, 2016 at the ordinary general meeting held in 2016, and the 2017 ordinary general meeting. 4) Ultimately, the president of the Plaintiff’s final meeting is one, and the Defendants are obligated to deliver the Plaintiff’s deposit passbook and the attached list documents, etc. to the Plaintiff.

B. The lawsuit of this case filed by the Defendants by a person without the power of representation for the following reasons is unlawful:

1) In order to become a member of the Plaintiff, an adult male who is a second adult male according to the religious constitution must prepare an application for admission and obtain the approval of a general meeting. However, I does not go through the above procedure, and is not qualified as a member, and unless he is not qualified as a member, I cannot become the president. 2) Defendant B was elected as the president at the ordinary meeting of 201 ( November 29, 201) not later than 2012, and year 2014.

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