종중총회결의 부존재확인의 소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 3, 4, and 1 and 2:
F 19-year-old G was born in around 1613 and was born in 1613, and two children were living in path, and Ha Nam died in path, and Ha South Ha died in patha while living in patha, away from patha.
B. On December 3, 1995, H’s descendants opened a general meeting of the clan on December 3, 1995, prepared the rules of the defendant clan, and systemized the activities of the clan including the management of the clan property. The above clan rules stipulate the qualification of the clan members as “B clan descendants.”
2. The plaintiff's assertion is that the defendant clan is a clan with G as a common ancestor, and the plaintiff is a successor of G I. The plaintiff is also its member.
On December 29, 2010, the defendant clan sent a notice of convening an ordinary general meeting on behalf of the president, etc., and issued a notice of convening an ordinary general meeting on behalf of the president, etc., and theJ, etc. is not a legitimate convening authority, and the plaintiff et al. did not give notice of convening an ordinary general meeting on January 9, 201 to its members, including the plaintiff et al., but did not reach the quorum. The above resolution has no significant defect in the procedure and method of convening the meeting, and there is no significant defect in the procedure and method of resolution, and the C, who was appointed as the president of the defendant clan on June 28, 201 by convening a notice of convening an ordinary general meeting on July 10, 201, has no significant defect in the procedure and method of convening the meeting.
3. Determination on this safety defense
A. The defendant's assertion that the defendant's clan was merely "B's name" and actually the defendant's claim was a "B's name," and since the defendant's claim was a common ancestor H, the plaintiff who is the successor of G I is not a member of the defendant's clan, and therefore there is no benefit to seek confirmation of non-existence of each resolution.
B. Determination 1 clan is a common ancestor.