종중총회결의무효확인의소
1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Basic Facts
The status of the parties and the related defendant are the clans comprised of descendants after making the E 29th F a joint vessel, and the plaintiffs are the female descendants of F.
On January 7, 2020, the Defendant sold to G a sale price of KRW 1655 square meters of H 1655 square meters of land owned by the Defendant, and to G Co., Ltd. on the same day, J 389 square meters of forest land at KRW 1.6 billion of selling price.
On February 8, 2020, the Defendant passed a resolution to distribute KRW 500 million out of the sale price to the Defendant’s clan’s general manager’s home on February 8, 2020, to allocate KRW 170 million out of the total purchase price, KRW 500 million out of KRW 1.7 billion, and KRW 100 million in the 32th unit “K”’s home to the 5th unit L, M, N,O, P, respectively (hereinafter “instant resolution”).
Accordingly, the defendant paid the above money to the representative of each family, and specifically, the amount of KRW 50 million to Q and R in L L, KRW 50 million to S and T in M, respectively, KRW 50 million to S and T in N, KRW 50 million to U and V in N, and KRW 50 million to W and X in M, respectively, and KRW 50 million to P and X in P, respectively.
On May 11, 2020, the Plaintiffs filed the instant lawsuit seeking confirmation of invalidity of the instant resolution, which was adopted at the Defendant’s final appointment and ② the special general meeting of February 8, 2020.
On June 6, 2020, the Defendant held an extraordinary general meeting for ratification of the instant resolution.
The agenda of the above special meeting was ① the consent agenda of the resolution of this case on February 8, 2020, ② the delegation of authority to the executive organ on response to the lawsuit of this case and the disbursement of litigation costs, ③ the consent agenda for purchase of forest and field located in the racing city.
In the minutes of the above special meeting, 39 members of the 39th class (22 persons from among them) were present, and 35 persons consent to each of the above agenda and 4 persons oppose thereto.
On November 21, 2020, the defendant held an extraordinary general meeting.
Ad hoc meeting above.