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(영문) 광주지방법원 2015.02.06 2014가합6628

종중총회결의무효확인

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1. Of the instant lawsuit, at the Defendant clan Assembly on May 11, 2013, the confirmation of invalidity of the resolution on the change of the indication of the registered titleholder is made.

Reasons

1. Basic facts

A. On August 11, 2007, the Plaintiff, C, D, E, F, G, H, I, and J were held to elect the Plaintiff as the representative of the Defendant clan, and enacted the rules. The main contents of the rules are as follows.

[Rules] Article 1 (Name) of the Code refers to the name of the clan B.

Article 4 (Officers) The officers of clans shall be as follows:

1. One representative;

2. One secretary shall be appointed at the ordinary meeting of shareholders from among the officers of this clan, and the secretary shall be appointed by the representative;

1. The president shall exercise overall control over the general affairs of the clan and represent the clan and represent the general assembly and the clan members meetings.

2.The Secretary shall administer all the duties of the clans;

Article 8 (Convocation of Meetings) The General Assembly of the clans shall hold a general meeting during the year on the day on which the collective election system is held and pass all decisions of the clans.

B. On May 3, 2013, K, L, M, N,O, and P issued a notice of convening the Defendant Assembly on May 11, 2013 to 13 members, including 13 members, including E, F, and N (including 9 members, as described in the foregoing paragraph (a)).

C. On May 5, 2013, K, L,O, Q, M, N, P, R, and S enacted the Defendant’s new rules. According to this, the Defendant’s senior members are limited to those who imitate U among T.D.

C. On May 11, 2013, the nine persons set forth in the foregoing paragraph hold a general meeting of the Defendant (hereinafter “instant general meeting”) and are held.

A resolution of approval on the rules established as stated in the port, a resolution of selecting K as the Defendant’s representative, a resolution of 60,50 square meters of forest V in Yeongdeungpo-gun, the Defendant’s property, and a resolution of 3,306 square meters of forest land, X forest, X forest, 8,714 square meters, 689 square meters of forest, Z forest, 297 square meters of forest land, Z forest, 107 square meters of AB28 square meters, and AB28 square meters that the Defendant’s representative manages (hereinafter “each of the instant resolutions”).

E. According to each of the instant resolutions, the registration of the change of the representative’s name from the Plaintiff to K was completed on November 12, 2013, the Gwangju District Court’s Mine Office No. 14687, which was received on November 12, 2013, on the land V, W, X (hereinafter “each of the instant lands”).

- Grounds for recognition - without dispute, A No. 1.