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(영문) 서울동부지방법원 2016.03.29 2015가합106477
도유사지위부존재확인 등
Text

1. On February 21, 2015, the decision that elected C as a similar Do Governor at the ordinary meeting of the Defendant on February 21, 2015 is invalid.

2...

Reasons

1. Basic facts

A. The defendant is a clan established for the purpose of improving the friendship of the descendants and the descendants by taking D trial E's 24 years of age into consideration the F of D trial E's 24 years of age into consideration.

The descendants of F from among the Defendant’s paper descendants are called “H literature”, and the descendants of I as “J literature”. The Plaintiff is a closing member of H literature and C is a closing member of the J language.

B. On March 30, 2013, the Defendant held a general meeting of shareholders on March 30, 2013, and resolved to appoint the Plaintiff, R, S, T, U, and V, respectively, with respect to the same as Do-style (representative), and as the representative of the side of the JJ, M, K, N,O, P, Q, and H as the representative of the side of the H.

The provisions relating to this case of the defendant's rules applicable until the above meeting are as follows:

Article 5 (Types and Terms of Officers) The clans shall have the following officers:

1. One Do Governor;

2. One chief vice-chairperson and one vice-chairperson;

5. The terms of office for officers shall be three years;

Article 6 (Election of Officers)

1. They shall be elected at a general meeting of the Do Governor, chief vice-do Governor, and dishonoring;

Article 7 (Authority and Duties of Officers)

1. The Do Governor shall represent the clan and preside over its general meeting;

In addition, the Do similar shall exercise overall control over the clan affairs and shall be comprehensively responsible for the management of the clan property.

The Do's similar shall be dealt with in consultation with the insolvent's major business.

Article 8 (Representativey Similars)

1. The clans shall appoint members recommended by each of its doors (H and J) as a representative and shall have them exercise the right of resolution at the clans' meeting.

2. Not more than 18 persons shall be the substitute buildings; and

Article 9 (General Meeting)

1. Members of a general meeting shall be similar to that of a Do and a representative, and shall induce all members to attend the meeting;

3. The ordinary meeting shall be held two to three months each year.

4. An extraordinary general meeting may be held anytime with the consent of the defaulted association when it is deemed necessary by a similar Do Governor.

Article 10 (Quorum of Resolution)

1. A resolution on an agenda item presented to a general meeting shall be made with the consent of a majority of similar members present at the meeting;

C. The Defendant shall conduct an ordinary general meeting on April 26, 2014.

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