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(영문) 서울서부지방법원 2018.10.04 2018가합34001
종중총회결의무효확인청구
Text

1. Each of the claims of the Appointed C, D, E, F, G, H, I, and J among the instant claims shall be dismissed, respectively.

2. The plaintiff (appointed party).

Reasons

Basic Facts

The Defendant, such as the status of the parties, is an organization formed with the name “B” and the name “B” in Seoul Special Metropolitan City, with the aim of promoting the friendship between the events of sublime and the members, inspiring sublime spirit, promoting the spirit of mutual aid, promoting the spirit of mutual aid, promoting the spirit of mutual aid, and having the office in Seoul Special Metropolitan City.

K is appointed and working as the chairperson (representative) of the defendant, leading to L.

The plaintiff (appointed party, hereinafter referred to as the "Plaintiff") and the designated parties are descendants of M (hereinafter referred to as "M").

The Defendant’s general meeting (hereinafter referred to as “instant special meeting”) dated June 26, 2017, including the Defendant’s general meeting of June 26, 2017 and the general meeting of May 18, 2018, shall elect KK, recommended by the board of directors on June 22, 2017, 58, 10, and 2, respectively.

“The instant resolution was adopted (hereinafter “the instant resolution”). Meanwhile, the Plaintiff, N, andO attended the instant special meeting, and recorded their contact address and address (the address indicated by the Plaintiff was “P”). On May 8, 2018, the Defendant sent to the Plaintiff a postal service on the notice of convening the instant general meeting at the address of Sungnam-si P, but was returned to the Plaintiff on May 16, 2018. At the Defendant’s general meeting on May 18, 2018 (hereinafter “instant general meeting”), each of the instant resolutions was adopted regarding “The instant amendment of the Business Plan and budget for the fiscal year 2017, and for the fiscal year 2018, and for the amendment of the Rules for the re-local council.”

(hereinafter collectively referred to as "the second resolution of this case"). Meanwhile, the plaintiff attended the general meeting of this case.

On March 31, 2018, 40 persons, including the case of application for the suspension of performance of duties and Q, of the Defendant’s meeting rules, filed an application with the Defendant’s president K for the suspension of performance of duties and the provisional disposition of appointment of acting directors (the Plaintiff on behalf of the Plaintiff). However, this court made a decision to dismiss all the above applications on June 19, 2018.

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