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(영문) 서울중앙지방법원 2016.11.30 2014가단208222
소유권이전등기절차이행 등
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are assessed against T which is represented by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s succession to U sufficient U in September 1958, and for the purpose of the king of the V 41 year old Wang-si, etc. The main part of the Plaintiff’s rules enacted on October 17, 1999 is as follows.

Article 4 (Qualification) Members of the plenary session are those of W 7 years of age X, Y: Z, AA: adult male and female aged 20 years of age or older out of W 7 years of age X.

Article 7 (Types and Fixed Number of Officers) (1) The kinds and the fixed number of officers to be assigned to this Council shall be as follows:

1. Six directors;

2. 30 or more branch directors; and

3. Two auditors: The term of office of the chairperson, vice-chairpersons, standing directors, general directors, executive directors, financial directors, and auditors shall be seven years, and that of branch directors shall be seven years, and that of branch directors may be renewed consecutively;

Article 11 (Selection Method of President and Vice-President) The Chairperson shall be elected by and from among directors.

Article 12 (Duties of Chairperson and Directors) (1) The Chairperson shall represent the principal meeting and handle the affairs of the plenary session.

Article 22 (Quorum) (1) The board of directors shall be held with attendance of a majority of the fixed number of directors.

(2) Proceedings of the board of directors shall require the concurrent vote of a majority.

However, in cases of numbers of votes of approval, the chairperson shall determine.

(3) The resolution of the board of directors shall constitute a majority of the directors present.

§ 25 (Board of Directors) (1) Regular Council of Directors and Convocation shall be convened by the chairman and shall be chaired.

(2) In convening the board of directors, directors shall notify each director of the purpose of the meeting at least seven days prior to the meeting.

Article 26 (Special Cases concerning Convocation of the Board of Directors) (2) If the person holding the authority to convene the board of directors becomes vacant or is unable to convene the board of directors for at least seven days due to the challenge of the majority of the registered directors.

B. On February 15, 2014, the minutes of the board of directors meeting held by the Plaintiff on February 15, 2014, contain the purport that the Plaintiff was elected as the chairperson of the Plaintiff clan with the consent of T, C, AD, AE, AE, AF, AG, and H among 13 registered executives.

C. Also, the minutes of the board of directors meeting held on July 30, 2016 under the name of the Plaintiff are recorded.

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