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(영문) 대전지방법원 2016.11.10 2016가합100991

종중총회결의부존재확인 등

Text

1. On July 28, 2013, the Defendant amended the final rules and elected C as a representative, D, E, F, G, H, and I as a director.

Reasons

1. Presumed facts

A. The defendant is in the form of a small subdivision, the JJ (hereinafter referred to as the “J”) and K (hereinafter referred to as the “K”). The defendant is composed of the members belonging to the above small subdivision and several members who do not belong to the above small subdivisions, and the plaintiff is the head of the defendant.

B. Around July 2, 2013, the Defendant’s original cause G, L L, the representative of J, would hold an extraordinary general meeting on July 28, 2013, and sent a written notice to M, the Defendant, who was not well aware of the residence of the Jo Jong-won, sent a written notice to change the contact number of all members, and reached around that time.

C. Around July 9, 2013, M sent a written answer to G and L that it cannot be recognized that the requirements for holding the above special meeting are defective, and that M cannot be complied with the convocation notice and reached that time.

On July 28, 2013, the Defendant held an extraordinary general meeting (hereinafter “instant general meeting”) and elected C as the representative, D, E, F, G, H, and I (hereinafter “D et al.”) as a director, respectively.

E. On December 21, 2014, the representative, directors, C, and five other persons appointed as representatives and directors according to the resolution of the general meeting of this case, held a board of directors to change the name of the representative of the registered titleholder C with regard to real estate stated in the attached list, which is the Defendant’s property, and passed a resolution to delegate

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 3 through 6 (including each number, if any) and the purport of whole pleading

2. If the Convening Authority intends to hold a general meeting for determining the causes of a claim, it shall make every possible reasonable effort to determine the scope of the members of the clan subject to a notice of convening a meeting, and shall individually call a notice to the members of the clan for whom it is possible to notify because their whereabouts are clearly residing in Korea;

The notice of convening a meeting shall not be necessarily required in writing, but shall be convened either verbally or by telephone or even through another head of a household or through the head of a household, but a general meeting shall be convened to the representative of each branch or by residence.