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(영문) 서울동부지방법원 2017.05.11 2016가합104072
종중총회결의무효확인청구의 소
Text

1. The resolution on the agenda of approval for the membership of the president is invalid only in the ordinary general meeting of clans held by the Defendant on April 7, 2016.

Reasons

1. Basic facts

A. The Defendant is a clan consisting of FC Cps G descendants as its clan members, and is six spaws of H (hereinafter referred to as “H”), I (hereinafter referred to as “I”), J Branch (hereinafter referred to as “J”), K Branch (hereinafter referred to as “K”), K Branch (hereinafter referred to as “K”), M Branch (hereinafter referred to as “L”), and MM (hereinafter referred to as “M”).

Part III executives and auditors shall have the following officers and auditors at the main meeting (referring to the defendant; hereinafter the same shall apply) of Article 6 (Kinds):

1. President: One person;

2. Vice-chairpersons: thirty or more persons (the head vice-chairpersons may be appointed);

3. Private death: 50 persons or fewer.

4. Senior Inspector: Three or more persons under Article 7 (Appointment of Officers and Auditors);

1. The president shall be subject to approval by the operating committee at a general meeting;

Provided, That if it is not approved, the steering committee shall be held within seven days to re-convene the steering committee, and the special general meeting shall be held and approved within 30 days.

Until approval is granted, the Chairperson shall exercise overall control over the affairs.

2. The operating committee shall be ex officio vice-chairpersons, and the other vice-chairpersons and directors shall be appointed by the steering committee mainly for the participants and cooperation from the plenary council chairperson, officers and sub-councils;

4. The Operating Committee shall be set out in Chapter VI.

Part IV General Assembly Article 12 (Proceedings of General Meeting)

1. The chairman of the general meeting shall be the chairman, and the chief vice-chairman and the senior vice-chairman shall act for the chairman in the order of priority;

2.The Assembly shall be composed of not less than 70 adult members (including delegations), with the consent of a majority of the members present, and with voting rights if the number of members present is equal.

Provided, That no proxy proposer or minor shall have voting rights.

Article 13 (Functions of General Meeting)The General Meeting shall adopt:

2. Chapter V of appointment of the chairperson or auditor, and Article 16 of the board of directors;

1. The chairman shall serve as the chairman;

2. A meeting shall be duly formed with attendance of not less than 20 persons, a resolution with the consent of a majority of the present persons, and the Speaker shall have a decision.

3...

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