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(영문) 광주지방법원 2015.12.17 2015가합58435

종중결의무효 확인의 소

Text

1. On May 31, 2015, among the plaintiff and some of the clan members, the defendant is KRW 6 million for each male among the plaintiff and some clan members.

Reasons

1. Basic facts

A. The parties concerned are the descendants of F, the fourth 16th son of D, who are the descendants of F, consisting of residents of the Republic of Korea, and the plaintiff, non-party G, and H are the descendants of I, the third son of F.

B. Defendant clan 1 violated the resolution of the head of the Defendant clan and the resolution of G and H) Defendant clan is 17,157 square meters (hereinafter “the forest of this case”) in Gwangju Northern-gu, its own possession.

) As the land around the above was changed to a general residential area from a natural green area, the instant forest was to be sold. Accordingly, on January 12, 1992, the ordinary residential area was to be changed to a general residential area. Accordingly, among the seedlings in the instant forest land, F’s upper ray of the seedlings in the instant forest is to be held at an ordinary general meeting on January 12, 1992 and 50,380 square meters of J-gu, Gwangju-gu

(C) On the other hand, the tombstones of the non-Korean clan 88,066m2 (hereinafter referred to as the “K forest”) shall be the land owned by the Defendant clan 8,06m2.

(2) On September 2003, after the resolution to transfer the forest of this case was passed, G sold the forest of this case. (2) G and H, contrary to the contents of the aforementioned resolution on November 2, 2003, G’s five, four, three, three, and one grave of the parents, and one grave of the parents (hereinafter “instant grave”) were transferred from the forest of this case to J-forest.

C. Defendant clan’s decision 1 on November 15, 2003 to distribute the proceeds from the sale of the forest land of this case to its members by holding an extraordinary general meeting on November 15, 2003, and the detailed criteria for the distribution of the forest land of this case was determined at the general meeting of all its members and approved by the general meeting. On March 1, 2004, the general meeting was held on March 1, 2004, and the “Regulation on the Prohibition of Distribution of the Forest Land of this case” (hereinafter “Regulations”).

(2) The provision of this case was resolved upon. (2) The person eligible for the payment of the final amount distribution shall be paid to the person who was born before December 31, 1985, out of the 16th F descendants of Article 3 Section D, Section 4, F, and who was still alive on January 1, 2004, and the amount payable to the male shall be KRW 20 million.