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(영문) 전주지방법원 2020.12.10 2019가합5306
종중총회결의무효 확인의 소
Text

Of the instant lawsuits, the general meeting is held by the Defendant among the items in subparagraph 2 of the attached Form 2, which are set forth in the list at the extraordinary general meeting of April 6, 2019.

Reasons

1. Basic facts

A. The defendant is a clan consisting of descendants of D, and the plaintiff is a descendants of D above.

B. The Defendant’s clan Rules of February 3, 1995 (hereinafter “instant Rules”) provided for the Defendant’s organization and the general meeting of shareholders as follows.

The main body of Article 5 shall consist of adult male members of DP (E) descendants.

Article 9 This Council shall have general meetings (regular and extraordinary general meetings) and executive meetings.

Article 10 The ordinary general meeting of the plenary session shall be December 22 of each year.

An extraordinary general meeting shall be convened by the Chairperson at the request of the Chairperson or at least four executives, if necessary.

The decision on important matters of the plenary session under Article 13 shall be decided with the affirmative votes of not less than two-thirds of incumbent members and not less than two-thirds of the number of present members.

C. Around February 1996, the defendant applied for the issuance of a clan registration number with its representative F in the Jeonju-si, and received a clan registration number from the Jeonju-si around that time.

On March 31, 2018, the Defendant held an extraordinary general meeting (hereinafter referred to as “general meeting of March 31, 2018”) and resolved on each agenda listed in the list (attached Form 1). On April 6, 2019, the Defendant held an extraordinary general meeting (hereinafter referred to as “general meeting of April 6, 2019”) and resolved on each agenda listed in the list (attached Form 2).

[Ground of recognition] Facts without dispute, Gap's entry of Gap's 1 to 3, 5, 6's evidence (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Summary of the parties' arguments

A. Each resolution made at the general meeting of March 31, 2018 (attached Form 1) held by the Plaintiff 1) at the general meeting of March 31, 2018 is null and void due to procedural defects, such as not only convening the meeting but also failing to legitimate convening notice, and the content of the resolution that does not meet the quorum at the time is invalid. 2) Each resolution made at the general meeting of April 6, 2019 (attached Form 2) held on April 6, 2019 (attached Form 2) equally convened by a person who has no convening authority, and the notification of convening is not made lawful.

(b).

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