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(영문) 대전지방법원 2017.07.12 2016가합106579

종중원지위부존재확인의소

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The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. H (C) was 57 years of age from the Si to the 57-year-old damage, and the J, K, L, and M were each strike and a separate sponsed. The Plaintiff is a small spon that is 15 years of age of H’s 57 grandchildren, and the Plaintiff is a joint spon that is a n, a 15-year-old grandchild of H.

B. On May 13, 2009, the Plaintiff’s “A-type general meeting minutes” elected theO as the Plaintiff’s president.

Around June 2, 2016, the Plaintiff notified the convening of the Plaintiff’s clan on June 19, 2006 as the Plaintiff’s chairperson, and despite the Plaintiff’s supplementary report, the Plaintiff issued a notice of convening a general meeting only for the remaining 104 members except for some of the clan members ( particularly those presumed to be members of Q Q’s clan) who are disputed in P’s clan grounds. D. Accordingly, the minutes of the general meeting convened on June 19, 2016 shall be called “45 members of Q’s clans request the convening of the general meeting.”

Among the total 104 members of a clan, 14 members of a clan were not able to give notice for convening a clan due to unknown address, 51 members were present, and 25 members were delegated with voting rights, so the general meeting of a clan shall be opened as a quorum member to hold a general meeting as a total of 76 members.

Ratification of the resolution for the election of officers on May 13, 2009, and ratification on January 23, 2013, the name of the representative of real estate owned by the plaintiff was changed by O.

E. S does not have a resolution appointingO at the general meeting of the clan dated May 13, 2009 as the plaintiff’s representative.

The plaintiff asserted that he/she had filed a lawsuit against the plaintiff to confirm the existence of a clan resolution (Seoul Central District Court 2015Gahap523260), and the above court on October 27, 2016, "the minutes of the general assembly from May 13, 2009" were not trustable, and the actual general meeting was held at the same time.

It is difficult to recognize that a resolution passed at the general meeting to elect theO as the representative of the plaintiff, and it is difficult to recognize the resolution passed at the general meeting of June 19, 2016, which ratified the resolution passed at the general meeting of May 13, 2009, as lawful and effective.

For reasons, the clan of May 13, 2009.