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(영문) 대법원 2015.06.23 2015다3556

종중결의무효확인

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

The judgment below

According to the reasoning, the court below acknowledged the facts and circumstances of the judgment based on the adopted evidence, and determined that, in full view of these facts and circumstances, since the defendant did not notify the convening of the general meeting of this case that was held on February 5, 2013, some of the members of the clans who could have been residing in the Republic of Korea and could have been individually notified of the convening of the general meeting of this case, the resolution of the election of the chairperson of this case taken place at the above general meeting is null and void, and the resolution of the election of the chairperson of this case was held on May 19, 2014, and the clans convened separately by J on October 20, 2014 cannot be deemed legitimate general meeting convened by the legitimate convening authority, each of the resolution of ratification on the election of

In light of the relevant legal principles and records, the judgment of the court below is just, and contrary to what is alleged in the grounds of appeal, there were no errors by violating the rules of logic and experience and exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.