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1. Revocation of the first instance judgment.
2. The instant lawsuit shall be dismissed.
3. The total cost of the lawsuit, including the cost of assistance.
Reasons
1. Basic facts
A. The defendant is a clan consisting of male and female descendants recorded in K's East Family Register, a certified family register, and family register as the descendants of EmphO, P, and Q. The plaintiffs are the members of the defendant's clan.
B. On April 23, 2017, the Defendant held an extraordinary general meeting and passed a resolution on the election of executives and the amendment of the articles of incorporation as indicated in attached Table 1 (hereinafter “instant resolution on April 23, 2017”).
C. On June 10, 2017, the Defendant held an extraordinary general meeting and made a resolution on the amendment of the articles of incorporation and the re-sale of real estate as indicated in paragraph (2) of the attached Table (hereinafter “instant resolution on the extraordinary general meeting as of June 10, 2017”). According to the said resolution, on April 6, 2017, the Defendant sold the amount of KRW 3.335,540,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000
The main contents of the defendant's articles of incorporation are as follows.
Article 14 (Types of Meetings) The meetings of plenary session shall be divided into a general meeting and an executive meeting.
Article 15 (General Meeting) A plenary session shall be held as follows:
1. The ordinary meeting shall be held after the end of March every year on Sundays enforcement system;
2. Extraordinary general meetings shall be convened by the chairperson when requested by a majority or more of the board of directors or at the request of 19 to 20 members, respectively.
Article 16 (Matters to be Resolved at General Meeting) Any decision shall be made with respect to the following matters:
1. Selection and dismissal of the president and vice presidents;
3. Amendment to and enactment of the regulations;
4. Cases concerning the disposal and acquisition of clan property;
5.Other matters necessary for the operation of the sub-councils, Article 17 (Quorum of General Meeting) 1. A general meeting shall be held by members present on that day.
Provided, That if he/she fails to attend, he/she may substitute for attendance by a power of attorney to another member.
(2) Except as otherwise expressly provided for in this Rule, a majority of the members present (excluding those present by proxy) shall be held at a general meeting.