종중총회결의무효확인
1. The Defendant’s resolution that elected F as president at an extraordinary general meeting of November 26, 2011 is invalid.
2...
1. Basic facts
A. The defendant is a clan that is the 11-year member of G and that is the joint ancestor of H (hereinafter referred to as "Defendant clan"), and the plaintiffs are the members of the defendant clan.
B. On November 26, 2011, F, who is the colon of the Defendant clan, was present at the F, Plaintiff B, D and I, J, K, L, L, M, N, P, P, and Q at the general meeting (hereinafter “instant special meeting”) and was elected as the president upon obtaining 18 votes from 19 persons, among 19 persons, who submitted the power of attorney by R, S, T, U,V, W, and X (hereinafter “instant resolution”).
[Recognition] Facts without dispute, entry of Eul Nos. 1, 3, 4 through 6 (including each number, if any; hereinafter the same shall apply) and the purport of the whole pleadings
2. The parties' assertion
A. The plaintiffs' clan did not at all call-up notice to female members at the time of convening the special general meeting of this case. The resolution of the special general meeting of this case held without a notice to some of the members without a notice to convene the general meeting of this case is invalid.
B. At the time of the instant special meeting, the Defendant clan issued a convening notice to all the members of the contact, including male and female clans, on the basis of the family records of the Defendant clan at the time of the instant special meeting. Since the members present at the general meeting of this case consented to represent each of the members of the family, it is nothing but the members present on behalf of the female clans and the general members. In addition, even though the Plaintiff B and D participated in the resolution of the instant special meeting of this case, claiming the invalidity of the resolution of the instant special meeting of this case is contrary to the principle of the speech, and thus, the Plaintiffs’ claims should be dismissed.
3. Determination is a naturally created clan group composed of members of the common ancestor for the purpose of protecting the graves of the common ancestor and promoting friendship among their religious members. In light of the purpose and essence of the clan, descendants who share the same clan with the common ancestor and the family clan naturally when they become adult without distinction of gender.