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(영문) 대전지방법원 2016.07.08 2015가합102518
총회결의무효확인청구의 소
Text

1. A resolution of selecting C as the president at the ordinary meeting of December 13, 2014, which was held by the Defendant, and February 7, 2015.

Reasons

Basic Facts

The plaintiff is a person who has served as the chairperson of the defendant since December 20, 2010 as a member of the clan of the defendant.

On December 13, 2014, the defendant elected K as a new president at the ordinary general meeting of the shareholders on December 13, 2014, and on February 7, 2015, the defendant elected D, E, F, G, H as a director, J, and I as the auditors respectively.

The Defendant’s “L”, who was the pilot of the Si, was 18 years of age, engaged in “M”, “N”, and “M”, as his/her hand, included “P”, “ Q,” and “R.”

The “P” adopted “S”, “T”, “T”, “U” and “V” as his/her own hand, and adopted “V”, the 22-year-old hand, the son of the above “T”, as he/she did not produce children, thereby adopting “V” as her son, the son of the son, “V.”

The Defendant has participated in the descendants of “U” and the descendants of “V” as members of the clan.

Meanwhile, there is a separate “X clan” comprised of descendants of “V” other than the Defendant clan (hereinafter “X clan”).

[Grounds for recognition] The plaintiff's assertion that there is no dispute, Gap's evidence Nos. 1, 4, 12, Eul's evidence Nos. 1, 2, and 4, and the purport of the whole theory of the change is the plaintiff's assertion that the defendant is the defendant of the defendant's assertion that YC 19 years old's "P" is a "sken clan" composed of "U"'s descendants, and X's clan is a "Y's clan" composed of "V," and the above two clans have completed division from the beginning to the property of the clan.

Although the defendant was composed of a "U"'s hand, it has become a "P" set forth in the Central City for the purpose of gathering the vision including a line as a hand hand.

Therefore, since X clans cannot be deemed to be the Defendant’s clan members, the resolution of the general assembly on December 13, 2014 and February 7, 2015 (hereinafter “the resolution of each general assembly of this case”) by the X clans participating in X clans are null and void, and seek confirmation thereon. Even if all the descendants of “P” are the Defendant’s clans, the Defendant gives a notice of convening each general assembly of this case to some of the Defendant’s members who can be convened at the time of the resolution of each general assembly of this case.

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