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(영문) 대전지방법원홍성지원 2014.05.15 2013가합1652

종중총회결의부존재확인

Text

1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. The plaintiff's primary claim and ancillary claim against the defendant B.

Reasons

1. Basic facts

A. Defendant clan is a clan in which the descendants Q 14 years old are members of Q 14 years old.

R had Long-Nam, South-Nam, and Samnam U.S., but S's self-owned descendants have been 1 to 2 and 2 to 3 parts of S. self-owned descendants.

B. The Plaintiff was the vice-chairperson of the Defendant clan, and as the V, the president of the Defendant clan, died on May 25, 2013, the Plaintiff performed his duties on behalf of the president around that time.

C. When the term of office of the executives of the Defendant clan expired on August 14, 2013, the Plaintiff issued a special general meeting notification to the members of the Defendant clan on August 2, 2013, stating that “Around 10:00 a.m. on August 18, 2013, the Plaintiff shall hold a general meeting of the Defendant clan with the terms “(i) review of the bylaws, (ii) election of executives, (iii) X land expropriation (government compensation), (iv) leasing of X antenna (money), and (vi) other consultation.”

On August 18, 2013, at the special meeting of the defendant clan held 10:00 (hereinafter referred to as the “special meeting of this case”), AA, a general secretary, issued a notice of convening the general meeting without prior consultation and left the meeting to the effect that it would not accept the opening of the general meeting. While IB, AC, C, AD, AE, AF, AF, AH, P, AI, AJ, AJ, or a member of the family council appearing on the legitimacy of convening the general meeting of this case and whether the president is elected, the plaintiff declared the meeting of this case, and left the meeting with some members, the plaintiff "I will write the general meeting of this case", and then, the number of members of the clan (including the total number of members 84 members who submitted the delegation letter), remaining 35 members (including the total number of members 19 members) were elected as the Speaker of the National Assembly, the plaintiff amendment the rules of each of the defendant clan, the chairperson of the NA, the chairperson of the NA, and the NA, the chairperson of each of this case.

E. On the other hand, among the rules of the defendant clan, the main contents of this case are as follows.

Article 9 (Duties of Officers).