logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.06.16 2016나2056036
회장선임결의무효확인
Text

1. The plaintiff's primary claim added in the trial shall be dismissed;

2. The plaintiff's appeal is dismissed.

3. Appeal.

Reasons

Basic Facts

The defendant is an association that is not a juristic person comprised of adult male-households aged 20 years or older for the purpose of filing a shipbuilding, protecting and managing the pre-determination, mutual friendship among the clans and mutual aid for the prosperity of descendants. The plaintiff is a person who has been in the defendant's position since 200.

The defendant 1982 Code of 1982 (hereinafter referred to as the "Rules of 1982") of the defendant 1982 shall be selected and appointed by the board of directors with the sole ratification of the general meeting, and the resolutions of all the general meetings shall be decided with the consent of a majority of the participants.

The Defendant, including the special general meeting of April 15, 2012, held the special general meeting (hereinafter “instant special meeting”) on April 15, 2012. In the instant special meeting, 45 members affiliated with the Defendant were present, and with the consent of a majority of the present members, the provisions concerning the appointment of the president of the 1982 agreement shall be directly elected at the general meeting, but shall be elected with the consent of a majority of the present members.

A resolution to amend the Act was adopted. The Defendant passed a resolution to select B as Defendant Chairperson with the consent of all the present members without going through the prosecution procedure in accordance with the amended 2012 Rules (hereinafter “the 2012 Code”).

On June 16, 2012, after the special meeting of this case, the Plaintiff submitted to the Defendant a letter of resignation with the Defendant’s Chairperson.

On October 3, 2015, the defendant of the ordinary general meeting held on October 3, 2015 at the ordinary general meeting (hereinafter referred to as "the general meeting of this case") and held the general meeting of this case as chairperson.

The general meeting of this case adopted a resolution to revise the provisions on the election of executive officers in the 2012 Code with the consent of all the members present at the general meeting of this case to "the president shall be elected directly at the general meeting and shall be the person who obtains the highest number of votes among the members present at the general meeting."

The defendant shall amend the rules at the general meeting of this case as above.

arrow