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(영문) 수원지방법원 2015.11.26 2014나44731

건물인도 등

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by E.

Purport of claim and appeal

judgment of the first instance.

Reasons

1. Basic facts

A. The plaintiff is a clan comprised of members of the clan of not less than 20 years old who completed registration in the family register with F's descendants.

On February 23, 2011, G was elected as the president of the Plaintiff at the ordinary general meeting.

B. On May 11, 2013, G publicly announced the opening of the special meeting on April 30, 2013 through a daily newspaper on May 11, 2013. The Plaintiff’s board of directors decided to submit the draft amendment including the details elected by the board of directors on May 6, 2013. (2) Defendant B’s senior members entered the special meeting place on May 11, 2013, and were prevented by the employees of the guard company employed by G from entering the general meeting, and prevented the senior members of G including G from entering the general meeting place to prevent this.

3) As a result, from around 11:30 to around 11:40, G was in attendance at only 41 standing directors E, etc., due to H’s presence, and 31 of the members, who participated in the amendment of the regulations, including the details elected by the board of directors. C. 1 of the Plaintiff’s son, who was convened by I, demanded G to take an extraordinary general meeting in order to respond to the lawsuit brought against the Plaintiff, but G rejected the demand for convening the extraordinary meeting.

2) On August 19, 2013, I publicly announced that “the composition of a new executive body, the appointment of an auditor, the case of disciplinary action against a perpetrator, and the case of stowing, etc., shall hold the Plaintiff’s special meeting at the end of John-si, Hah-si, Jin-si, Jin-si, on September 11, 2013.” (iii) On September 4, 2013, I was the Speaker pro tempore and presided over the special meeting, and Defendant B was resolved to elect the Plaintiff as the Plaintiff’s president at the said special meeting.

G becomes aware of a public announcement of convening an extraordinary general meeting of 1 I on September 4, 2013, convened by G, the date following the above public announcement date, shall include the transfer of name, the amendment of the rules, the disciplinary action against the perpetrator, and other important matters.