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(영문) 대법원 2015.10.29 2013다74271

종중총회결의무효확인등

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All appeals are dismissed.

Costs of appeal shall be borne by each party.

Reasons

The grounds of appeal are examined.

1. According to the reasoning of the judgment of the court below and the reasoning of the judgment of the court of first instance cited by the court below with respect to the plaintiffs' grounds of appeal, the court below rejected all of the plaintiffs' claims for share distribution according to the resolution of the clan General Meeting of October 28, 2006 and the above resolution of clan General Meeting of

Examining the record in light of the relevant legal principles, the above determination by the lower court is acceptable. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the illegality as a requisite for establishing a tort

2. Examining the records in light of the relevant legal principles as to the defendant's grounds of appeal, the court below is just in holding that the defendant is an organization with the substance of a clan unique to its own meaning, and the plaintiffs are the defendant's members and the decision of the general meeting of the clan on October 28, 2006, which was held by the defendant without notice of convening a clan against the plaintiffs.

Contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the meaning of clans, procedures for convening a clan general meeting, etc.

3. Therefore, all appeals are dismissed, and the costs of appeal are assessed against each party. It is so decided as per Disposition by the assent of all participating Justices on the bench.