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(영문) 대전지방법원 2015.03.27 2013나16365

보관금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by C.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. Basic facts

가. 당사자의 지위 및 회칙 제정 1) 원고는 원고의 우(愚)자 항렬의 7대조 조부 AC, 8대조 조부 AD, 9대조 조부 AE, 10대조 조부 AF, 11대조 조부 AG, 12대조 조부 AH을 공동선조로 하여 선조의 분묘수호ㆍ관리 및 봉제사 등을 목적으로 6대조 조부 AI의 직계후손들로 구성된 종중(이하 ‘원고’이라 한다

The defendant is a D's wife who was appointed as the chairperson of the plaintiff since 2002.2) The plaintiff enacted the rules of November 15, 1986, and amended the rules of December 22, 2002.

The rules of the plaintiff's association relating to the case are as follows.

Article 15 (Total Organization) (1) A general meeting shall be composed of members, and the quorum shall be 15 persons without any difficulties by households, and the progress of the meeting shall be at least 2/3 of the quorum (at least 10 persons) when the quorum is present.

(2) A general meeting shall be divided into an ordinary general meeting and an extraordinary general meeting, and an ordinary general meeting shall be held once a year, and an ordinary general meeting shall be held on November 15 of each year.

Article 21 (Function)

2. The chairperson: (1) The chairperson shall represent the relevant council and be active for all types of affairs;

(2) All meetings shall be convened and preside over.

(3) Operational issues, overseas negotiations, and (4) The general director shall have the same responsibility for all functions exclusively dedicated to the general director.

Article 23 (Term of Office) Officers shall serve a three-year term and may be reappointed.

Article 26 (Special Resolution) (1) The following matters shall require concurrent votes of not less than two-thirds of incumbent members:

5. Disciplinary action against members and non-Confidence resolution for officers;

B. On January 27, 2013, D, who was the president of the resolution of the temporary middle-class general meeting of the Plaintiff, convened on January 27, 2013, in order to resolve the issue related to the clan money of the Plaintiff among the former members of the Plaintiff, and attended the Plaintiff’s temporary middle-class general meeting of the Plaintiff, which was held on January 27, 2013, in order to select C as the president of the Plaintiff by a resolution of the remaining members other than D.

C. On June 2, 2013, the Plaintiff is entitled to make a resolution at a provisional plenary session.