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(영문) 대구지방법원 2018.04.20 2017가합203392

종중총회결의무효확인 등

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1. Of the instant lawsuits, part of the Defendant’s forest land and G in the Gyeongbuk-gun, one of the forest land in the extraordinary general meeting of November 28, 2012, and the Defendant is outside of the G.

Reasons

1. Basic facts

A. During the formation process of the Defendant, etc., P was 11 years of age for QC R, and was fluence in the Joseon Dynasty. P and its descendants were naturally formed by a clan that was made up of P as they resided in the area of Gyeongbuk-gun, Chungcheongnam-gun. 2) Subsequent descendants of P consisted of descendants of QC 15 years of age, Q QC 16 years of age, and subsequent descendants of QC 16 years of age, QC 16 years of age (VV) (V) and subsequent descendants of QC 16 years of age, and there are no other descendants to P.

3) On April 5, 1993, 15 of U’s descendants, Y, J and W, 15 of whom are descendants were organized by the Defendant at the house of W’s clan on April 5, 1993, elected the clan as the representative of the clan, and establish the sexual clan rules, and establish the 259,934 square meters of F forest land and fields in the Gyeongbuk-gun, G and W (hereinafter “1 forest land”).

) The forest and G forest and 3,174 square meters (hereinafter “second forest”) are “each of the instant forests” consisting of the forest and 1,200 square meters.

A) A resolution was made to register the farmland in the name of the defendant (Y). On the same day, a resolution was made to elect the Z as the representative of the above AA and to register the land, etc. in the name of the above AA in the name of the family. 4) On September 27, 1993, the minutes of the clan and the bylaws were attached, and the registration of the clan in the name of the defendant was made to the competent authorities on April 26, 1994 in accordance with the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (No. 4502) and the registration of ownership transfer (No. 1 forest) and the registration of ownership preservation (No. 2 forest) were completed in the name of the defendant on April 26, 1994.

5) Although there was a dispute over the Defendant’s joint shipbuilding before the instant case, there was no dispute over the fact that the Plaintiffs and the Defendant, QC U 16 years old, as a joint vessel, are members of the clans comprised of descendants (hereinafter referred to as “the premise of determination”).

B. (1) Y, Z, etc. on June 15, 1997 are the species of the AC.