총회결의유효확인
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning for 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 dismissal under Paragraph 3 of the reasoning of the judgment of the court of first instance as follows. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
3. Whether the resolution of this case is valid
A. The plaintiffs asserts to the effect that the resolution of this case is valid, since the general assembly of this case took place through legitimate procedures for convening a convocation notice.
Unless there are special circumstances, the general meeting of the clan for the clan of the clan shall determine the scope of the members of the clan subject to notification for convocation by the clan, and give each person an opportunity to participate in meetings, discussions, and resolutions by individually notifying all the members of the clan who are clearly residing in the Republic of Korea because their whereabouts are clearly known, and no resolution of the general meeting for the clan held without the lack of notification for convocation by some members of the clan
(2) In light of the above legal principles, the plaintiffs did not receive a reply to the defendant before the general meeting of this case, and since they did not receive a reply, they prepared a list based on the list of the paper members submitted in another case (Jayang Branch of the District Court 2016 non-hap5006) and notified the persons on the list of the paper members. Among them, the defendant is not a paper member, but some of the paper members were overlapped, and seven paper members were omitted (including the paper members registered before and after the general meeting of this case, and the paper members were not registered as the paper members, but the paper members were not registered as the paper members). Thus, in this case, the defendant's letter was made based on the paper members list submitted by the plaintiffs in other cases as of July 13, 2016, and the defendant's notice of convocation was made at the general meeting of the paper members as of January 28, 2018. < Amended by Presidential Decree No. 27207, Jan. 28, 2016>