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(영문) 전주지방법원 2012.12.12 2012고단1625

업무상배임

Text

The defendant shall be innocent.

Reasons

1. The Defendant, as the president of the D clan (hereinafter “instant clan”), has been in the position of the president or president from 1970 and has served as the representative of the instant clan. Therefore, in managing and disposing of the property of the instant clan, there was a duty to promote the maintenance and development of the entire clan of this case, including the service of the instant clan, the protection of graves, and the promotion of friendship among the members of the instant clan.

On the other hand, the clan of this case has argued that the common ancestor of the clan of this case is not G, but H, based on the fact that the descendants of H have been mainly in charge of the fransing of the clan of this case and the descendants of H, who are 15 years of age of F, focusing on the clan of 12 years of age of EC C, or the clan of this case, which is the 15 years of age of F, was the descendants of H. And I is the descendants of J, who are the son of H, and the defendant is the descendants of K, the other son of H.

The defendant, who was called as the representative of the clan of this case on September 10, 2004, was elected as the president of the clan of this case at the special meeting of the clan of this case on September 10, 2007. On or around February 1, 2007, I filed a lawsuit to nullify the invalidity of the resolution of the general meeting of the clan of this case (this court 2007Gahap551) and an application for provisional disposition to suspend the execution of duties of the president (this court 2007Kahap68) against the defendant on September 10, 204, and the judgment to nullify the invalidity of the resolution of the general meeting of the clan of this case on September 10, 204 became final and conclusive after the dismissal of the appeal of the defendant on May 9, 2008, and on August 21, 2008.

Accordingly, I requested the defendant, who is the colon of the clan of this case, to convene a special meeting for the appointment of the representative of the clan, but was rejected. I notified only 66 descendants of H directly without the power to convene the special meeting of the clan, and I was elected as the president on May 3, 2008.

On September 29, 2008, the Defendant confirmed that the resolution of May 3, 2008, which appointed I as the representative, was null and void.