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(영문) 서울고등법원 2016.08.24 2015나2060229

소유권이전등기말소 등

Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by H [N], expressed as the chairperson of the Plaintiff.

Reasons

1. Basic facts

A. According to the rules first prepared by the plaintiff clan (as of August 1, 1970, the "previous rules"), the purpose of the plaintiff clan is to lead to a high contribution of the ancestor and to preserve the clan and promote the friendship among the relatives of the clan (Article 2), and its members shall be the descendants of the clan, and they shall be excluded from minors and women.

(Article 7). (b)

Plaintiff

On November 14, 2014, I requested the J, the chairperson of the plaintiff clan, on behalf of 29 members of the plaintiff clan, including himself, to convene an extraordinary clan meeting, but the J did not hold an extraordinary clan meeting even upon the above request for convocation.

C. On December 5, 2014, I identified that all the members of the Plaintiff clan were 51 members, and specified the fact that the above 51 members are holding an extraordinary clan general meeting and the agenda for convening a notification. D.

Pursuant to the above notification, on December 21, 2014, 10 of the members of the Extraordinary General Meeting (hereinafter “the instant Extraordinary General Meeting”) attended, and 24 of the members of the Extraordinary General Meeting were delegated to H with voting rights. In the instant Extraordinary General Meeting, the resolution on dismissal of J as the president of the J and the resolution on dismissal of H as the president of the H were adopted with the consent of 31 members, who are the vice president of the I, respectively.

The provisions of the previous rules concerning the holding of an extraordinary general meeting shall be as follows:

Article 11. The clans shall be held each year separately from the ordinary general meeting.

1. An extraordinary general meeting shall be convened by the Chairperson when it is required by a majority of members or more;

Provided, That in cases of the numbers of votes of approval and disapproval, the Chairperson shall proceed or turn in.

E. Meanwhile, the Plaintiff, at the time of February 10, 2005, held the special meeting by the J’s notice of convening the general meeting, which was the president, and passed a resolution to amend the previous rules at the above special meeting (hereinafter “special meeting as of February 10, 2005”).

"Modification of the Code as follows."