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(영문) 대구지방법원 2020.09.18 2020가합166
사원총회결의 무효
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

A. The defendant is a church belonging to the C religious order, and the plaintiff is the defendant's member who is in the status of a leave of absence.

B. On January 19, 2020, the Defendant held a regular joint council of 13:00 (hereinafter “instant joint council”) and received an audit report and teaching tax report in 2019, and made a resolution of approval on the settlement of accounts in 2019 and the budget (draft) in 2020 (hereinafter “instant resolution”).

C. The Defendant’s articles of association have the following provisions regarding joint councils.

Article 14 (Joint Council) The Joint Council of the present church shall be organized and operated as follows:

The organization of the Joint Council shall be as follows:

The Joint Council shall be comprised of members of this church.

(b) The joint council shall have one chairperson and one clerk;

(c) The chairman shall be the chairman, and the clerk shall be an administrative officer appointed by the chairman.

The chief executive officer appointed by the local council shall be a temporary chairperson (Article 62(2) of the Constitution of the Republic of Korea shall apply mutatis mutandis). D. The chief executive officer appointed by the local council shall be a temporary chairperson (Article 62(2)).

The chairperson of the Joint Council shall exercise overall control over its affairs, preside over its meetings, and the clerk shall administer its affairs.

2.The functions of the Joint Council shall be to:

Matters concerning reports on school tax reports, budget and settlement of accounts;

(b) Matters concerning the best vote of the elderly, the collectingr, and the authorized person;

(c) Other matters for which approval of members should be obtained.

3. Procedures for joint meetings;

(a)The regular Joint Council shall convene and notify once a year by the Chairperson and at least 14 days before the date of official assignment of the church;

(b)The extraordinary Joint Council shall be convened by the Chairperson upon the resolution of the Council or at the request of at least 1/3 of its members, but the extraordinary Joint Council shall only deal with the agenda items specified in the notice of its

(c) the number of co-conferences shall be open to the members present;

Resolutions of the Joint Council shall be adopted by majority vote.

However, the choice voting of the senior, the internal collector and the authorized person shall be limited to only once.

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