종중총회결의 무효 확인의 소
1. Revocation of a judgment of the first instance;
2. It is confirmed that a resolution of a general meeting held by the Defendant on November 27, 2015 is null and void.
3...
1. The facts below are without dispute between the parties, or acknowledged based on Gap evidence 10 as a whole upon the overall purport of the pleadings.
The defendant is a naturally created clan comprised of adults over 20 years old among the descendants of S 25 years old descendants, and the plaintiffs are the defendant's clan members.
U convened a general meeting of the defendant on the agenda of the meeting "the progress and accounting report, the election of officers, the disposal and distribution of V forest land in Ansan, and other matters."
On November 27, 2015, the defendant held a clan general meeting and resolved on the agenda.
(hereinafter referred to as “instant resolution of the general assembly,” and on November 27, 2015, the clan General Assembly as of November 27, 2015 (hereinafter referred to as “instant general assembly”)’s assertion by the parties
A. The Plaintiff’s assertion (i.e., the Defendant held a general meeting on February 6, 2013 to appoint Plaintiff Q as the Defendant’s representative and amended the Articles of Incorporation. Since the Defendant held an extraordinary general meeting on October 4, 2015 and appointed Plaintiff Q as the representative of the Defendant’s clan, the Defendant’s lawful representative is Q Q.
U, however, called the representative status of the defendant, convened the general meeting of this case. The resolution of this case is null and void since it was convened by a person without the authority to convene the general meeting of this case.
See even if U is the representative of the defendant, the general meeting of this case was held without the notification for convening part of the defendant's clan members, such as C, and thus the resolution of this case is null and void.
B. (1) U, as a legitimate representative of the defendant, convened the general meeting of this case based on his authority to convene the meeting.
Doshe U sent notice to 87 of the defendant's 127 clan members by registered mail, and to 40 of the family members who are known only to the address or telephone number, he sent notice to all the family members confirmed by telephone or ordinary mail.
3. Determination
A. U is a resolution that is not the representative of the defendant.