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(영문) 서울고등법원 2015.09.10 2014나2024349
종중총회무효확인의 소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

The defendant is a clan that jointly sets up C 25 years old descendants D, and the plaintiff is a member of the defendant's clan.

On February 27, 2011, the defendant held an extraordinary general meeting (hereinafter referred to as "special general meeting in the year 201") from the E-Si Kimpo-si, Kimpo-si on February 27, 201, and resolved as shown in the attached Table 1 in the presence of 13 members.

G who was appointed as the president at the extraordinary general meeting in 2011 convened a clan on May 2013, and accordingly, on May 25, 2013, the defendant held an extraordinary general meeting at the above F on May 25, 2013 (hereinafter referred to as the "special meeting in 2013") and made a resolution as shown in the attached Table 2 in the presence of 17 members.

H around March 2014, for resolution on the case of the appointment of the representative and executive members of the clan, the case of approving the rules of the clan, the management of the property of the clan, and the case of disposal of the clans, notified the defendant's members of convening an extraordinary general meeting. Accordingly, on March 23, 2014, the defendant held an extraordinary general meeting (hereinafter "the extraordinary general meeting of the year 2014") at the above F on March 23, 2014 and made a resolution as shown in attached Table 3, including ratification of the resolution of the extraordinary general meeting of the year 201 and 2013 while the 19 members attended.

On the other hand, five members of the defendant such as the plaintiff et al. held the "B executives' meeting on April 14, 2009, which was prior to each of the above resolutions, and passed a resolution to appoint the plaintiff as the defendant's representative at the above meeting.

[Recognition] In the absence of dispute, Gap evidence Nos. 1, 13, Eul evidence Nos. 1, 4 through 9, and 11 (including a serial number), and the gist of the plaintiff's argument as to the purport of the whole pleadings, the defendant's summary of the argument has a customary practice that is the defendant's representative, or there was a resolution of the defendant's board of directors that appoints the plaintiff as the defendant's representative on April 14, 2009. Thus, the defendant's representative is the plaintiff as the defendant's subordinate grandchild, but the special general meeting of the year 2011, 2013, 2014 was not held through legitimate procedures, such as holding without the plaintiff's notice of convocation, which is the defendant's representative, and thus, the general meeting of the year

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