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(영문) 광주지방법원 2016.07.21 2015가합1606

대표자선출결의부존재확인

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1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.

2. Of the costs of lawsuit.

Reasons

The main lawsuit and counterclaim shall be judged by combining them.

1. The parties' assertion

A. The Plaintiff’s assertion 1) The Defendant is a clan Dial that is a clan member of G 10-year-old H (hereinafter referred to as “a clan member”).

(1) The Jins Association (hereinafter referred to as the “Jins Association”) which is a clan of the age of 15 and G 15 members I.

As the lower clan of the 15-year-old grandchildren I, the unique meaning of the 16-year-old k, L, and M, which is a natural relative organization created by descendants from among the 16-year-old k, M, and the Plaintiff is the descendants of the 16-year-old Ma. (2) The Defendant opened a general assembly on March 10, 2013 and elected C as the Defendant’s representative, and decided to recommend C and E as the operating members of the clan, which is null and void.

3) In addition, on April 26, 2015, the defendant adopted a resolution to establish the so-called "F language" which consists of the male and female descendants of 16 years old and female at the ordinary general meeting, and this is also impossible in itself as well as the contents of the resolution, and there is a defect that there is no resolution on the defect that the resolution was made by C, the representative elected by the resolution of 10 March 10, 2013, and that there is no resolution on the notice for convening a convocation. Therefore, the above resolution is serious and its defect is grave and nonexistent. 4) Accordingly, the plaintiff seeks confirmation that the defendant's status as the defendant's clan, as the defendant's head of the defendant's clan, the invalidity confirmation of the resolution on the election of the operating committee members on March 10, 2013, and the absence of the resolution on the establishment of a new political council on April 26, 2015, respectively.

B. The defendant's assertion 1 is not a clan with an inherent meaning consisting of 16 years of age M's descendants, but a clan similar organization formed under the lead of M's descendants, N, etc., by jointly contributing to the property of M in order to prepare the land that can come to the 16 years of age M's intention in around 1946.