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(영문) 의정부지방법원고양지원 2020.10.30 2019가합77708
종중총회 결의 무효 확인
Text

1. Ascertainment that the resolution of the General Meeting of the Defendant on November 11, 2018 in the attached list is null and void.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

Basic Facts

A. Defendant B’s clan (hereinafter “Defendant B’s clan”) is a clan with CC 17 years old D as a joint ancestor and consisting of descendants, and the Plaintiff is a member of the Defendant clan.

B. On October 26, 2018, E drafted a written consent and a letter of delegation to the effect that “F delegates the authority to convene a general assembly and agrees to hold a general assembly which confirms all the duties of the clans and the clans as the members of the clans.”

C. On October 29, 2018, F issued a notice of convening an ordinary general meeting of shareholders to convene an ordinary general meeting of shareholders on the agenda of “(i) amendment of the Code, (ii) amendment ratification of the Code, (iii) ratification of land sale, (iv) other agenda items,” as an agenda item, on November 11, 2018.

On November 11, 2018, Defendant clan held a general meeting of shareholders (hereinafter “instant general meeting”) and passed a resolution on each of the above items. As shown in the attached Form 1, Defendant clan made a resolution to ratification the amendment of the Rules during the clan; ② as the chairperson of Defendant clan, Defendant clan made a resolution to appoint H and I as auditor (hereinafter “instant resolution”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, Eul evidence Nos. 1 to 5 and 6, the purport of the whole pleadings

2. The assertion and judgment

A. Whether there was a legitimate notice of convening a meeting 1) The plaintiff's assertion is that the plaintiff is a family member of his clan (20 years old K as a joint family member; hereinafter referred to as "family member").

The chairman of the instant general meeting was sent. The Defendant asserted that not only the Plaintiff but also the subordinate members of the small class were not subject to the notice of convening the instant general meeting. 2) The Defendant sent a phone call to the Plaintiff who knows all the subordinate members of the small class, and asked the Plaintiff to notify the closing members of the instant general meeting of the fact during the small class.

3) Determination A) In the event that there is no rules or practice of a clan concerning this, the convening authority shall reside in Korea among the members entitled to attend a meeting.

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