종중 대표자 변경 결의 무효 확인 등
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The network E had a network G (ma), network H (ma), network H (ma 3), network J (ma), network K (ma), network K (ma), L(3) and M (4) between the network F, and the network G had a network N, net M, P, Q, R, R, and R under the chain, and the network H had T, U, V, W, X, X under the chain, Y, A (Plaintiff), A (A), A, and AB under the chain.
The plaintiff is the women of the network I, C is the south of the network N, and D is the south of the networkO.
B. On January 5, 1994, the network I established the AC text (the name of the defendant was changed on September 8, 2016; hereinafter “Defendant door”) as its representative, and completed the registration of ownership transfer in the future with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”) owned by the network E on March 24, 1995. < Amended by Presidential Decree No. 14487, Mar. 24, 1995>
C. On April 29, 2008, the representative of the Defendant’s text in the copy of the registry of the instant real estate changed from the network I to the network NN, from the network N on October 28, 2015 to C, D, and from C, October 21, 2016 to the Plaintiff, respectively.
Defendant literature held an extraordinary general meeting on November 9, 2016 when the Plaintiff voluntarily changed the representative, and passed a resolution to appoint the representative of Defendant literature as C, D as before (hereinafter “instant resolution”). On November 14, 2016, the Plaintiff changed the representative of Defendant literature from the Plaintiff to C, and D respectively on November 14, 2016.
[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 8, Eul evidence Nos. 1 and 2 (including branch numbers), the purport of the whole pleadings
2. The defendant literature alleged by the plaintiff is a clan with a unique meaning established for the purpose of protecting the graves of the common ancestor and conducting religious services and promoting friendship among the clan members with his/her lineal descendants and consisting of his/her lineal descendants.
C and D took a special meeting on November 9, 2016 without taking a convocation notice for the rest of the family members of Q, S, and AD, and without taking a convocation notice for the rest of the family members, and the defendant door consists of 31 family members, and at least 1/2 of the family members are the family members.