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(영문) 의정부지방법원 2018.08.22 2017가합51693
문서인도
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is a clan with the purpose of protecting the graves of the ancestor members, conducting religious rites, and promoting friendship among the members of the clan by making F, the fifth grandchildren of C CC CC C C C C C C C C C C C C C C C C D' 20 years old E as a joint ancestor, and the defendant is the standing director of the plaintiff clan.

B. On May 12, 2016, G, the president of the Plaintiff clan, resigned from the office of the president on May 12, 2016, which was before the expiration of the term, the board of representatives of the Plaintiff clan suspended the resignation of the president of G, operated as a proxy system by the standing director B (Defendant). ② The senior president of G is appointed at the regular board of directors during the period of October 2016, and ③ the non-standing committee for the Plaintiff clan (organization established on November 30, 2015 by some members of the Plaintiff clan) of the Plaintiff clan (organization established on November 30, 2015 for the purpose of the reform, justice, etc. of the clan) passed a resolution to grant H the authority to audit the overall affairs of the Plaintiff clan, and thereafter, the Defendant was acting for the president of the Plaintiff clan, and thereafter, occupied and managed each document and article (hereinafter “each document and article of this case”).

C. On October 22, 2016, the Defendant issued a notice of convening an executive meeting (hereinafter “instant executive meeting”) on October 22, 2016, to the advisory members, representatives, directors, etc. of the Plaintiff clan who participated in the meeting on the following grounds: ① the case of settlement of accounts for the fiscal year 2016; ② the case of deliberation on the budget for the fiscal year 2017; ③ the case of deliberation on the budget for the fiscal year 2017; ③ the case of other pending issues; and

[The executive officers of the plaintiff clans are comprised of five advisory members, 13 representatives, 5 directors, and 2 auditors (Article 9 of the plaintiff clans).

The executive meeting of this case was held on October 29, 2016, and among the 13 representatives of the plaintiff clan, 10 representatives, such as I (Speaker), J, K, L, M, N,O, P, Q, R [in the case of R, the list of the members present at the executive meeting (No. 8-2) is signed, and the resolution of the board of representatives (No. 21) of the board of representatives is not written as the participants, and therefore, the resolution of the board of representatives (No. 21) of the board of representatives is deemed to have been present at the meeting of the executive members of this case. Accordingly, S, T.

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