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(영문) 청주지방법원충주지원 2014.02.06 2013가합1747
종중임시총회결의 무효확인
Text

1. The part of the instant lawsuit seeking confirmation of invalidity of the resolution of the special general meeting as of October 7, 2012 shall be dismissed.

2. The foregoing.

Reasons

Basic Facts

The defendant, including the status of the parties, who belongs to the plaintiff as a member of his clan, was a member of his clan from July 13, 1997 to October 6, 2007, and H from October 7, 2007, as the chairperson of his clan, who was the representative of his clan from July 13, 1997 to October 6, 2007.

Since around 2008 of the defendant, 100 members of the clan were 100 members of the clan, and composed of F's grandchildren of I and J's descendants of 24 years of age. However, on June 5, 2008, H, at the time, recommended that 50 members of the clan that H, the representative of which was the Jung-si group of J, would break off from the defendant, and there was a resolution to set a portion of the members of the clan, including H, of H, from the special meeting of the clan on March 28, 2009, and there was a resolution to pay the amount of KRW 73 million from the special meeting of the clan on March 28, 2009.

H as a result of the separation from the Defendant, lost the status of the Defendant’s clan, the Plaintiff, who was a vice-chairperson pursuant to Article 10 of the Defendant’s Code, was acting on behalf of the president.

On the other hand, the defendant's rules relating to the instant case are as follows.

Article 8 (Election of Officers)

1. The officers shall be elected at an ordinary general meeting;

Article 9 (Term of Office of Officers) The term of office of officers shall be three years and they may be reappointed.

Provided, That the term of the substitute officer shall be the remaining term of his predecessor.

Article 10 (Duties of Officers)

2. The vice-chairperson shall assist the chairperson, and act for the chairperson to act for the director;

Article 12 (Regular General Meeting) An ordinary meeting shall be held in the lower order of January each year.

Article 13 (Special General Meeting) shall be convened by the Chairperson when the Chairperson deems it necessary or when the board of directors adopts a resolution.

From August 2010 to October 6, 2011, the Special General Meeting D (the birth of the plaintiff) of June 5, 2011 pointed out that the period of performing the plaintiff's duties is terminated on August 6, 2010, which is the remaining expiration date of H, and therefore it is necessary to elect a new representative and that there is a problem in the management and disposition of the plaintiff's clan property and the operation of the clan business, but it recommended the convocation of the Special General Meeting to solve this problem.

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