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(영문) 부산고등법원 2015.12.16 2015나52350

종중 임시총회결의 무효 확인

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court's explanation of this case is as stated in the reasoning of the judgment of the court of first instance except for the following cases. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Part 6 of the judgment of the first instance court, "The temporary middle of this case" in Part 3 of the judgment of the second instance shall be deemed to be "the final middle part", and "the expiration of" in Part 7, 17, shall be deemed to be "the final part".

The part of "2.b." in the reasoning of the judgment of the first instance shall be filled by the following:

[1] According to the rules and practices of the defendant clan, the notification of convening the special general meeting of this case is sufficient to notify each standing director belonging to the clan of this case, and L's notification of convening the special general meeting of this case to each standing director according to the above rules and practices of the defendant clan, even if the rules and practices of the defendant clan are not recognized, each standing director notified of convening the special general meeting of this case to each standing director according to the defendant clan's clan's general meeting of this case, although L's general meeting of this case's general meeting of this case's general meeting of this case's general meeting of this case's general meeting of this case's case's general meeting of this case's case's general meeting of this case's case's general meeting of this case's case's general meeting of this case's case's case's non-permanent director's general director of this case's general director of this case's general meeting of this case's case's case's non-permanent officer's general director of this case's non-permanent.

(3) In addition, even if the notification to some members was omitted in the course of the notification by the standing directors, as described in the above 2, since they were fully aware that they would be scheduled to hold the instant extraordinary general meeting, the defect in the omission of the notification was cured. The reasoning of the first instance judgment of "3.b." in the reasoning of the judgment of the court of first instance is as follows.