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(영문) 수원지방법원성남지원 2017.07.07 2016가합208309
종중회장선임결의무효 확인
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The defendant is a clan consisting of descendants of M 13 years of age N, and the plaintiffs are the members of the defendant's clan.

B. On March 29, 2015, the Defendant passed a resolution to elect the president of the Defendant and the final and conclusive judgment to nullify the invalidity of the said resolution, which was held on March 29, 2015, to select theO as the Defendant’s next president at the ordinary general meeting of delegates held on March 29, 2015

Accordingly, on August 6, 2015, some members, including A, filed a lawsuit seeking confirmation of invalidity of the resolution of election of the president (hereinafter “instant lawsuit”). On April 21, 2016, the above court rendered a judgment to confirm that the election of the president of the same clan is null and void on the grounds that the election of the president of the same clan was made by the Seoul High Court (Article 11(2), (3), Article 13(1) through (3), and Article 19), while allowing the election of the president of the clan to take part in the decision-making process on the appointment of the representatives of the clan members, it actually prescribes that the right to de facto prevent or make it very difficult for the members to participate in the decision-making process on the appointment of the members of the clan, and it is not effective as it infringes on the inherent contents of basic rights, which are unique to the members of the clan, and the defendant appealed with Seoul High Court Decision 2016Na205834, which became final and conclusive.

C. After preparing for the special meeting of the defendant on December 18, 2016, the clan members centered on the defendant's existing directors and descendants formed the preparatory committee for the clan and carried out the work to prepare the register of the clan members. P and Q, as a tobacco-based resident, publicly announced that "the case of approval for the amendment of the rules of the defendant clan and the case of election of the chairperson of the defendant clan shall be held at the second floor of the Ministry of Agriculture and Forestry in S, the second floor of the Ministry of Agriculture and Forestry, "the case of approval for the rules of the defendant clan and the case of election of the chairperson of the defendant clan" shall be held as the agenda, and the notification of notification of the above contents shall be issued to the 2,037 members of the clan who can communicate from November 29, 2016.

The defendant, on December 18, 2016, adopted a resolution for an extraordinary general meeting of the defendant.

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