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(영문) 대구지방법원 2016.01.21 2015가합205738 (1)

종중원 지위확인

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant, as a non-corporate body established in August 2012, was appointed by E as the president.

제5조 (구성) 피고는 F의 32세(世) 휘(諱) G(H)의 후대인 34세로

(b) In principle, the Si shall succeed to all of its lineal generations, such as the death of a member;

Article 7 (Entry) Any person who wishes to be present at the defendant shall, upon the recommendation of at least three members, approve by the Chairperson when there is the consent of at least 2/3 of the members.

Article 8 (Expulsion) Any person who violates the purport of the defendant, or who injures the defendant's prestige and honor, shall be expelled or punished by a resolution of the board of directors.

Article 9 (Disqualifications) The rights and duties of this member against the defendant at the time of death, expulsion or withdrawal shall be extinguished naturally.

The property of the defendant under Article 18 is attached to the same property as that of the defendant, and the finances of the defendant shall be as follows:

(1) Membership fees (20,000 won per month) of members.

B. At the time of the establishment of the Defendant, the main contents of the bylaws (No. 1) at the time of the establishment of the Defendant are as follows:

제5조 (구성) 피고는 F의 32세(世) 휘(諱) G(H)의 후대인 34세 남자로 한다.

Provided, That in principle, when a member dies, all lineal generations shall be succeeded to.

Article 9 (Disqualification) The loss of membership shall be as follows:

1. When this member dies, ② Any person expelled by a resolution of the defendant or any lineal ascendant or descendant of the expelled person shall also lose his/her qualification for succession.

(3) When a member withdraws, the qualification for succession to all his/her lineal generations shall also be lost at the time of his/her withdrawal.

C. The amended rules of the Defendant’s Act (hereinafter “amended rules”) amended on September 19, 2013 (hereinafter “No. B”) are as follows.

Among F F's grandchildren (34 years of age) 32 years of age G, there are six males, including Plaintiff A, Nonparty E, I, J, K, L, and seven women including Plaintiff B and C.

E. The plaintiff A did not pay the membership fee once after the establishment of the defendant.

Plaintiff

A is urged to pay membership fees several times.