종중총회결의 무효 확인
1. Paragraphs 1 and 3 of the judgment of the court of first instance, including the plaintiffs' claims added at the trial court, are as follows.
1. The first instance court dismissed each of the resolutions listed in paragraphs 1, 2-A, and 3-A of the attached Table 1 among the plaintiffs' claims for confirmation of invalidity of each of the claims by the court of first instance, and accepted the claims for the resolution listed in Paragraph 2-B of the same Table, and dismissed each of the claims for each of the resolutions listed in paragraphs 3-b and 4-A of the same Table.
Accordingly, since only the plaintiffs appealed against the above part of the loss, the scope of the trial of this court is limited to the claim for invalidity confirmation of each resolution listed in paragraphs (1), (2), (3), and (4) of the same list, and to the claim for invalidity confirmation of each resolution added in the trial of the plaintiffs, and to the claim for invalidity confirmation of each resolution listed in paragraphs (b), (c), and (5) of the same list.
2. The grounds for the court’s explanation on this part are as follows: (a) the part corresponding to the reasoning of the judgment of the first instance (based on January 1); (b) the part that was used by the defendant (based on No. 3, No. 8, and No. 10) pursuant to the main sentence of Article 420 of the Civil Procedure Act is cited as it is. (c) The defendant held an extraordinary general meeting on June 24, 2018 and passed a resolution on the agenda on which Q Q Q is appointed as the chairperson of the defendant (hereinafter “Resolution 6”); (b) passed a resolution on the agenda on which Q Q is selected as the defendant’s representative (hereinafter “Resolution 7”), and (c) passed a resolution on the agenda on the establishment of a clan that amends the Defendant’s general meeting as a representative of the general meeting (hereinafter “general meeting”).
(5) On April 28, 2019, the Defendant held a general meeting on April 28, 2019 and passed a resolution on the agenda on which the Z is appointed as the chairperson of the Defendant (hereinafter “resolution 9”).
(6) On March 4, 2020, the Defendant, based on the data provided by the Plaintiffs, prepared the register of clan members (hereinafter “Defendant’s clan members”) on the basis of the data provided by the Plaintiffs. The Defendant’s clan members on the above list are N478 and L 1,138 (including the lower door).