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(영문) 대전고등법원 2018.04.11 2017나13159
대표자지위확인
Text

1. The plaintiff's appeal is dismissed.

2. On November 22, 2015, at the request of the trial court, the defendant clan was added.

Reasons

1. Basic facts

A. The defendant's organization is a clan consisting of descendants of Q QC 14 years old.

R has long S, South, and Samnam U, and has 1 wave, 2 U descendants and 2 wave, and 2 U descendants.

B. V was the president of the Defendant’s clan, and as the president of the Defendant’s clan died on May 25, 2013, the Defendant’s general assembly on August 18, 2013, where: (i) V, around August 2, 2013, on behalf of the president on behalf of the members of the clan, on the following grounds: (ii) V, around August 2, 2013, held the Defendant’s general assembly on the agenda of the rules review, election of executives, etc. at 10 a.m. X of the Hong-gun, Hongsung-gun, 10 p.m.

"" issued a notice of convening an extraordinary general meeting, and the defendant held an extraordinary general meeting on August 18, 2013.

The term of office of an officer under Article 8 (Term of Office) of the Code (No. 2) of August 18, 2013 shall be four years, and the term of office of a newly appointed officer shall be the remainder of the term of office of his predecessor.

(Amendment) Article 9 (Method, Timing, etc. of Election of Officers) (1) The officers of the plenary session shall be elected as follows:

(Newly established)

1. Two auditors (hereinafter referred to as "elective executives") who are officers and directors referred to in Article 7 shall be the one year in which the term of office of the current executive officers expires at a joint meeting;

8. 18. The election day shall be ten days before the election day.

8. A public announcement shall be made on the election day;

Provided, That in cases of a special election, it may be conducted seven days prior to such special election.

2. The officers and directors of the election shall be elected by a direct election at a joint meeting and shall be elected by the majority votes of the members present.

(A) Article 13 (Classification and Convocation) ① A general meeting shall be classified into an ordinary general meeting and an extraordinary general meeting, and in principle, an ordinary general meeting shall be held on the third Sundays of August of each year, and an extraordinary general meeting shall be convened, where necessary.

3) On the other hand, at the above special meeting, the Defendant’s rules were amended as follows; C, as the president, C, as the vice president, D, as each director, i, J, K, L, M, N,O, H, H, G, as the auditor, Z, and E as the general director. 4) V was against the Defendant.

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