종중돈 반환
1. The instant lawsuit shall be dismissed.
2. The costs of the lawsuit are assessed against D who is represented by the plaintiff.
1. The Defendants, the members of the Plaintiff clan, who were the members of the Plaintiff clan, were from around 1986 to December 23, 2017, and managed the Plaintiff clan’s property while performing their duties as the members of the Plaintiff clan.
However, the Defendants did not return 310,519,177 won in the balance of clan properties remaining at the time of the report on the settlement of accounts on November 25, 2012 to the Plaintiff clan.
Accordingly, on December 23, 2017, the plaintiff clan decided to hold an extraordinary general meeting and request the defendants to return the property of the above clan. The defendants are obligated to return the above money to the plaintiff clan upon the termination of the delegation agreement on the preservation and management of the property of the clan.
2. Determination on the defense prior to the merits
A. Since the following procedural errors are invalid in the resolution of the extraordinary general meeting of December 23, 2017 (hereinafter “instant extraordinary meeting”) that elected D’s summary of the Defendants’ assertion as the president of the Plaintiff clan, the lawsuit of this case is unlawful since D’s lack of qualification as the representative of the Plaintiff clan.
1) The instant special meeting was convened under the name of the Emergency Countermeasure Committee or an executive meeting without legitimate authority to convene the special meeting. 2) D provided a notice of convening the special meeting only to some of the Plaintiff clan members who could be identified at the time of the instant notice of convening the special meeting.
3) The Plaintiff clan does not have any provision that the exercise of voting rights by proxy by proxy submission is not permissible, so the resolution of the instant special meeting is unlawful. B. Whether the instant special meeting was convened by a legitimate person with voting rights or not, can be recognized as follows in full view of the respective entries and the overall purport of arguments in the evidence Nos. 2, 6, 15-26, and 40 as follows. (A) The Plaintiff is a clan that jointly sets up G, who is the 22-year-old grandchildren of E55 years-old grandchildren, and the Plaintiff clans as the 156 members of the Plaintiff clans as of December 8, 2017. (b) Article 10 of the Plaintiff clans Rules, and Article 10 of the Plaintiff’s clans Rules, “The special meeting shall be convened by the Chairperson and by the board of directors.”