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(영문) 수원지방법원성남지원 2019.12.13 2017가합405800
횡령금반환
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The plaintiff is a clan consisting of descendants who jointly set up F, the 14th grandchildren of DC Si E, which consists of descendants.

On November 1, 2015, the Plaintiff’s general assembly G, H, I, J, K, and Defendant C et al. held a meeting for executive members of the Plaintiff’s clan in Gwangju L on November 1, 2015, and Defendant C et al. were appointed respectively as the Plaintiff’s temporary president G and temporary general secretary at the said meeting of executive members.

G on November 24, 2015, on the part of the plaintiff members, notified the plaintiff members to convene a general meeting of shareholders on the agenda items, such as the approval of the articles of association of the clan and the chairperson of the clan, directors, and the appointment of auditors, in the clan religious room located in Gwangju L on November 29, 2015.

Accordingly, at the general meeting of the plaintiff held on November 29, 2015, the resolution was made to appoint G as the president of the clan and Defendant C as the general secretary-general.

On November 9, 2016, Defendant C of the Plaintiff’s general assembly issued a notice of convening an extraordinary general meeting for the removal of G from the office of the president of the Plaintiff clan in the name of “M and A clan” to the Plaintiff’s clan members on November 1, 2016.

Accordingly, at the general meeting of the plaintiff held on November 9, 2016, the resolution was made to dismiss G from the office of the president of the clan and to appoint Defendant B as the president of the clan.

On January 14, 2017, the Plaintiff’s General Assembly G issued a notification to the Plaintiff’s clan on January 3, 2017 to the effect that “the Plaintiff’s branch members shall hold an extraordinary general meeting with respect to the dismissal of the officers of the Plaintiff’s clan and appointment of new officers at the New Office in Gwangju-si, Gwangju-si. 13:00.”

Accordingly, at the Plaintiff’s general meeting held on January 14, 2017 (hereinafter “instant general meeting”), a resolution was made to dismiss Defendant B from office as president of a clan with the consent of 65 members present (37 members of the clan and 28 members of the written resolution) and to appoint O as president of a clan (hereinafter “instant resolution”).

As to the validity of the instant resolution, Defendant B did not object to the Plaintiff.

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