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(영문) 수원지방법원 2013.01.18 2011가합24268

종중총회결의무효확인등

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1. The plaintiffs' primary claims are dismissed.

2. The Defendant’s resolution on the special general meeting of October 28, 2006 is null and void.

Reasons

1. Facts below the basis of facts may be acknowledged either in dispute between the parties or in full view of the entries in Gap evidence 1 to 3, Eul evidence 2 to 4, and the whole purport of pleadings.

As a result of the revision of the articles of incorporation on April 1, 1995, the Defendant pointed out that K and L were incorporated into the 14-year-old group group, but do not coincide with the actual order, the Defendant made up of the descendants of G 19 years-year-old H as a joint group, and that the Defendant was made up of the descendants after having revised the articles of incorporation again on August 23, 1998 and made I as a joint group group). The first was made up of the descendants M, N,O, P, Q, and the second South N was entered into the two names of R, S, and South-North M.

) T, 3 South O, NA, V, X, and 5 South Q were respective descendants, Y. R were Z, SH, and YB, respectively. B. 29 parcels, such as Suwon-si, Suwon-si, Suwon-si, the Defendant, (hereinafter referred to as “instant parcels”).

(1) On September 29, 2006, the Plaintiff acquired a consultation as a public site by the Gyeonggi-do Local Public Corporation, and the Defendant received KRW 30,037,892,270 from the Gyeonggi-do Public Corporation on October 18, 2006 the acquisition price of the consultation. Thereafter, the Defendant held a clan General Assembly on October 28, 2006 and decided to distribute KRW 30,037,890,000 out of the acquisition price of the above consultation to the 213 members of the Defendant’s clan in total of KRW 10,00,000 (hereinafter “instant resolution”).

2. Judgment as to the primary claim

A. The defendant, which is the primary claim of the plaintiff, is a clan of unique meaning that the defendant is a joint ancestor of I, and the plaintiffs are children of I's descendants who are the defendant's clans. The defendant excluded the plaintiffs from paying 100,000,000 won each to the defendant's members according to the resolution of this case. The defendant is obligated to pay 100,000,000 won each to the plaintiffs according to the resolution of this case. Even if the plaintiff's right to claim the share of the land of this case is not recognized, the defendant discriminates against the plaintiffs or the plaintiffs' preference without any justifiable reasons.