종중총회결의무효확인
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
[Claim]
The reasoning for this Court’s reasoning is as follows, and this Court’s reasoning is cited in accordance with Article 420 of the Civil Procedure Act, as it is stated in the reasoning of the first instance judgment, except for addition of the following judgments.
Therefore, the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit.
【Additional Judgment Defendant’s defense that the first resolution was effective from the beginning by ratification of the first resolution at the ordinary meeting of the clan of January 26, 2019, which was lawfully convened. However, in this case where there is no defendant’s assertion as to the number of the members of the defendant’s clan at the time of the above general meeting, the specific time and method of convening a notice for convening the above general meeting, it is insufficient to recognize that the entries of No. 6, No. 7, and No. 8 were legitimately convened by observing the notification procedure by the ordinary meeting of the clan of January 26, 2019, and there is no other evidence, the defendant’s defense is without merit.
The plaintiffs added a claim seeking confirmation of invalidity of a resolution made at the ordinary meeting of the clan dated January 26, 2019, following the application for modification of the purport of the claim and the cause of the claim made on November 28, 2019. However, the above ordinary meeting cannot be deemed as the basis of the previous claim due to the difference between the ordinary meeting on August 26, 2017 and the ordinary meeting on May 25, 2018, and the ordinary meeting on May 25, 2018. In addition, the above additional claim submitted on the day immediately before the closing of the oral argument at the trial, and the litigation procedure, such as collecting new evidence, which is not the previous litigation material, is bound to be significantly delayed. Thus, the plaintiffs' additional claim is not permitted.