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(영문) 서울고등법원 2017.03.16 2016나2053396

총회결의무효확인

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

In the first instance trial, the plaintiffs filed a claim for the confirmation of invalidity of the resolution on each of the agenda items listed in the separate sheet (hereinafter referred to as "each of the agenda items in this case") on February 12, 2012 at a clan general meeting held by the defendant on February 12, 2012. The court of first instance rejected the lawsuit for the confirmation of invalidity of the resolution on the agenda items No. 1 (hereinafter referred to as "case No. 1") listed in the separate sheet, while referring to the part of the claim for confirmation of invalidity of the resolution on the agenda items No. 2, 3, 4, and 4 listed in the separate sheet (hereinafter referred to as "case No. 2 agenda items", hereinafter referred to as "case No. 3 agenda items", and hereinafter referred to as "case No. 2 or 4") in common.

As a result, only the defendant appealed against the part against the defendant, the actual object of this court's adjudication is limited to the claim for nullification of this case, which is the part against the defendant.

2. Basic facts

A. The defendant is a member of a clan of not less than 20 years old who was registered in the family register as the descendants of Joseon D D D D D D D D D D D D D D D 4, and its membership has six clans, such as F, G, H, I, J, K, and K. The plaintiff is a member of the defendant's clan under H.

B. The Defendant, upon the opening of a clan general meeting and the resolution of each of the agenda items of this case, has completed the vision every January 21st of the sound records of E (M) each year, held an ordinary general meeting at the end of the side branch of YO located in the Guang-si. On February 12, 2012 (hereinafter “instant general meeting”), at the ordinary general meeting held on February 12, 2012, L presented each of the agenda items of this case, for which L/C, the chairperson of the Defendant, presented each of the agenda items of this case, and declared that L/ was passed.

(hereinafter referred to as “each of the instant resolutions”) C.

After the instant general meeting, the Plaintiff and the Plaintiff (i) of the extraordinary general meeting of September 22, 2012, and the extraordinary general meeting of January 11, 2013, and the progress of related litigation.