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(영문) 서울고등법원 2016.07.05 2015나2050529

종중총회결의 무효확인

Text

1. At the request of a party branch, a general meeting of November 30, 2014, set forth in paragraph 5 of the resolution of the general meeting of clans attached to the defendant.

Reasons

1. In the first instance court, the Plaintiffs sought confirmation of invalidity of each resolution of the general assembly set forth in the attached Form 1, 2, and 3 of the Defendant’s resolution of the clan General Meeting, and confirmation of absence and preliminary invalidity of each resolution set forth in the attached Form 4 of the resolution of the clan General Meeting. The first instance court dismissed all of the Plaintiffs’ lawsuits.

As to this, the plaintiffs filed an appeal only for the confirmation of invalidity of the resolution of the general meeting as stated in paragraph (1) of the resolution of the general meeting of the defendant's attached clan, and added the defendant's request for confirmation of invalidity of the resolution of the general meeting as stated in paragraph (5) of the resolution of the general meeting of the defendant's attached clan (hereinafter referred to as "fourth resolution") in the trial of the political party, and changed the purport of the appeal only by the additional claim, the part of the defendant's request for confirmation of invalidity of the

2. Basic facts

A. The parties, etc. 1) The defendant is a clan that is the joint group of X Y's 13 years of age in W, X Y's 13 years of age, and the plaintiffs are the members of the defendant's clans. 2) The defendant's clans include U, AA (AK), AB, AC, AD, AE, and AF.

B. On March 18, 2012, the defendant held a clan general meeting on March 18, 2012 and made a resolution of the same content as the statement in paragraph (1) of the resolution of the attached clan general meeting among the members of the 323 clan including the members of the clan who submitted proxy (hereinafter “the first resolution”).

(2) Then, on November 18, 2012, the Defendant: (a) held a clan general meeting on November 18, 2012 and passed a resolution of the same content as indicated in paragraph (2) of the resolution of the attached clan general meeting while the total members of 33 clan members, including the clan members

(3) On November 7, 2013, the Defendant made a resolution with the same contents as that set forth in paragraph (3) of the resolution of the attached clan general meeting (hereinafter “third resolution”) at the ordinary meeting of shareholders (hereinafter “third resolution”).

4) On the other hand, the defendant.