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(영문) 수원지방법원 2015.06.18 2014가합70002
총회결의무효확인 등
Text

1. All the principal lawsuit of the Plaintiff (Counterclaim Defendant) shall be dismissed.

2. The defendant (Counterclaim plaintiff)'s counterclaim is dismissed.

3. The costs of the lawsuit;

Reasons

1. Basic facts

A. D clans (hereinafter referred to as "D clans") are set up at the time of reference E to be set up at the end of consideration and have a large number of novels under its jurisdiction consisting of descendants.

B. The 14-year-old 14-year-old son F in D was under sk, G, H, and I, and K (hereinafter “K”) composed of C (hereinafter “J”) of C (hereinafter “J”), C (hereinafter “K”) of C, C, C, C, C, and C, C, C, C, C, C, and C, C, C, C, and C, C, C, C, and C, C, and C, C

C. On December 16, 1984, the defendant enacted the name of the clan "B" with the name of the clan "B" as a member of the clan "B" of the descendants who were the son of the above F, who were the descendants of Jung-si, and registered the clan around December 3, 1993, and held the inaugural general meeting around March 27, 2001.

On June 201, the Plaintiff: (a) made the name of a clan as “A”; (b) enacted the clan rules that make the said F F as its members; (c) held an extraordinary general meeting on June 8, 2013 and ratified the previous resolution at the time of convening the said clan; and (d) did not call for some members at the time of convening the said clan.

E. On the other hand, around November 30, 2013, DJ decided to hold an extraordinary general meeting and ratification the establishment of the Plaintiff clan.

F. On May 3, 2015, the Plaintiff again held an extraordinary general meeting and resolved to confirm the establishment of the Plaintiff clan and the election of its representative, etc.

[Basis] Facts without dispute; Gap evidence Nos. 1 through 2, 4-1 through 3, 5, 22 through 24, Eul evidence Nos. 1, 5 through 9, 12, 15, and the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The defendant asserts that the lawsuit of this case is unlawful, since the plaintiff did not have the substance of the clan, and there was no fact that the representative was legitimately elected, the defendant asserts that the lawsuit of this case is unlawful.

B. In the appointment of a clan representative of the relevant legal principles, the rules or the general practices of the clan are observed.

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