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(영문) 대전고등법원(청주) 2016.08.16 2015나374
종중결의 무효
Text

1. The defendant's appeal is dismissed.

2. According to the expansion of the purport of the claim in the trial of the plaintiff (appointed party), the defendant is the defendant.

Reasons

1. The reasons for the court's explanation concerning this case are as follows, except for the following additional determination as to the defendant's assertion added by the court of first instance and the plaintiff's expansion of the plaintiff's purport of the claim, and therefore, it is identical to the reasoning of the judgment of the court of first instance pursuant to Article 420 of the Civil Procedure Act.

2. Additional determination

A. The Defendant asserts that the defect was cured by the resolution of ratification of the said resolution, even if the first and second resolutions are null and void, because the said resolution was adopted to ratification the first and second resolutions by holding an extraordinary general meeting on December 13, 2015 at the trial. The Defendant asserts that the defect was cured by the said resolution of ratification of the said extraordinary general meeting even if the said resolution is invalid.

As to this, the plaintiff asserts that the resolution of ratification of the special meeting of this case was invalid because there is no ground to regard the number of the registered members of the defendant's clan as 541 as the defendant's assertion, since the resolution of ratification of the special meeting of this case was convened by the non-authorized person, ② the power of attorney submitted by the defendant in relation to the quorum of the proceedings was

B. 1 Determination 1) Evidence Nos. 17, 19, 20, 22, and 22 of the Decision on the Authority to convene the Extraordinary General Meeting of this case (which may include each number; hereinafter the same shall apply)

According to the purport of each of the statements and arguments, (i) the Defendant, while publicly announcing the instant special meeting in the O Central Daily and Chungcheong Woo, indicated “P” in the notice, and (ii) sent a notice and power of delegation to 541 members, who signed the instant special meeting on November 25, 2015, accompanied by a notice and power of delegation to notify 541 members, who signed the instant special meeting, indicated the Allim P as “YY P,” and indicated the Allim as “EM,” (iii) indicated the EM as P, and (iv) introduced P as an EM, holding the instant special meeting on December 13, 2015.

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