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1. A resolution on each of the agenda items listed in the separate sheet in the extraordinary general meeting held by the Defendant on June 7, 2014 shall be null and void.
Reasons
1. Under the underlying facts, the following facts do not conflict between the parties, or may be acknowledged by taking account of the whole purport of the arguments in the statements in Gap evidence 2, Gap evidence 4-1, 2, 3, Gap evidence 5-1, 2, 3, and Gap evidence 11-14.
Nonparty D applied for permission to convene an extraordinary general meeting of the Defendant clan as the Incheon District Court 2014Bhap3, and obtained permission from the above court on April 11, 2014 (hereinafter “each of the instant items”) for convening an extraordinary general meeting of the clan on each of the items listed in the separate sheet (hereinafter “each of the instant items”).
B. D shall notify the members of the clan of this case of convening the special general meeting of this case, and publicly announced the purpose on the next daily newspaper.
C. On June 7, 2014, the instant special meeting was held, and each of the instant items was resolved upon at the above general meeting.
On the other hand, the board of directors of the defendant clan did not recognize the validity of the resolution of each of the instant items made at the special meeting of this case, and held again the special meeting of the clan on July 12, 2014 concerning each of the instant items, and all of the instant items were dismissed at the above general meeting.
E. Since then, D filed a lawsuit against the Defendant clan seeking confirmation of invalidity of a resolution at the special meeting of the clan of July 12, 2014, as the Incheon District Court 2014Gahap9508, and was sentenced by the above court on April 17, 2015 to confirm that the resolution at the above general meeting is null and void.
2. Determination as to the cause of claim
A. First, according to the foregoing evidence and the statement of Gap evidence No. 7-3 as to whether there was a defect in the convening procedure of the special meeting of this case, D may recognize the fact that some of the Firs members registered on the register of the clan members of the defendant clan were related to the case of the removal of the person who was transferred to the clan, and that D did not notify the convocation of the special meeting on the ground that they were interested parties related to the case of the removal of the person who was transferred to the clan, whose voting
Article 74 of the Civil Code.