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(영문) 서울고등법원 2018.01.11 2017나2029314

손해배상(기)

Text

1. The plaintiff's appeal shall be dismissed.

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

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. Progress of the instant lawsuit

A. The Plaintiff is a clan that consists of adults aged 20 years or older among WC 13rd descendants X descendants.

From 1999 to the present, the Plaintiff continues to have a civil and criminal dispute between its members due to the sale of forest land located in the T-dong-si and the issue of distributing the price.

B. On August 26, 2014, S was elected as the president of the Plaintiff at an extraordinary general meeting, and the Plaintiff filed the instant lawsuit on May 14, 2015.

C. At around September 14, 2015, 150 Plaintiff Jongwons, including Defendant P, (hereinafter “Defendant P, etc.”) demanded S to convene an extraordinary general meeting to dismiss S and elect a new president, on the ground that S did not have any qualification, such as causing an inappropriate loss to the Plaintiff in the relevant civil case.

(hereinafter “instant request”) D.

On September 16, 2015, S asked Defendant P et al. to state its position, and asked Defendant P et al. to confirm and decide the intention of the members at a certain time if Defendant P et al. intends to impeachment the Chairperson.

E. On September 18, 2015, following the reply to the instant request for convening an extraordinary general meeting, S issued a notice of convening an extraordinary general meeting with the term “an amendment to and a new establishment of the subordinate Articles of Incorporation” as an agenda item. On September 30, 2015, S held an extraordinary general meeting. The agenda items on the dismissal and election of the president requested by Defendant P et al. during the said notice of convening an extraordinary general meeting or the extraordinary general meeting were not discussed or referred together

F. Defendant P et al. decided to convene an extraordinary general meeting on behalf of S, and around October 15, 2015, sent a notice of convening an extraordinary general meeting to all members. On October 25, 2015, Defendant P et al. held an extraordinary general meeting (hereinafter “instant extraordinary meeting”) on October 25, 2015 and dismissed S as the Chairperson with the affirmative vote 302 of the total voting number 304 votes, and a resolution to select R as the Chairperson with the affirmative vote 301 of the total voting number of votes (hereinafter “instant resolution”).