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(영문) 수원지방법원 2017.06.02 2016가합71825
종중총회결의부존재확인
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The defendant is a clan comprised of adults over 20 years of age among the descendants of I and I and C, and the plaintiff A is a former president, plaintiff B, C, D, E, and F are the defendant's directors.

B. At the time of September 14, 2015, 150 members of the Defendant clan including K sent a certificate of content to the Plaintiff, the president of the Defendant clan, “A, dismissed from the president of the clan, and elected a new president” (hereinafter “instant request”). However, on September 16, 2015, Plaintiff A responded to the purport that “if 150 members who requested an extraordinary general meeting agree to the removal of the president, their will will be confirmed and decided by sending a letter of explanation and confirming the purport of the members at a given time.”

C. Accordingly, on October 15, 2015, 150 members of the Defendant clan, including K, decided to directly convene an extraordinary general meeting, and sent a notice of convening an extraordinary general meeting to the clan members of the Defendant clan on October 15, 2015, and on October 25, 2015 (hereinafter “instant extraordinary general meeting”) held an extraordinary general meeting on October 25, 2015, Plaintiff A was dismissed from office by the president with the affirmative votes of 302 out of the total number of votes 304, and passed a resolution to select H as a new president (hereinafter “instant resolution”).

The contents of this case in the defendant's articles of incorporation are as follows.

Article 6 (General Meetings) The general meetings of clans shall consist of the general and extraordinary general meetings.

2. An extraordinary meeting shall be convened with the consent of the board of directors when the president considers it necessary for the operation of the clan.

Article 7 (Convocation of General Meeting) The notice of convening General Meeting shall be sent seven days before the date on which the meeting is held.

Article 8 (Power of General Meeting)The following resolutions shall be made at Congress:

2. Resolution on the appointment and dismissal of officers at the general meeting and the extraordinary general meeting under Article 9 (Resolution Procedure) shall be made with the attendance of not less than fifty persons and the affirmative votes of not less than a majority of the members present; and

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