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(영문) 대구고등법원 2017.01.19 2016나999
종중총회결의무효확인등
Text

1. Of the judgment of the first instance court, the part concerning the Defendant’s claim for confirmation of invalidity of the resolution of special general meeting on December 13, 2012 is revoked.

Reasons

1. Scope of the trial of the political party after remand;

A. On November 28, 2012, the first instance court accepted all the Plaintiffs’ claims seeking nullification of each of the instant resolutions on extraordinary general meetings (hereinafter “instant resolutions”) dated December 13, 2012, by dismissing the Plaintiffs from the Defendant’s executive officers and appointing the J as the Defendant’s president.

B. The Defendant appealed against the judgment of the first instance court, and the first instance court prior to remand revoked the judgment of the first instance, and dismissed the Plaintiffs’ instant lawsuit in entirety.

C. The Supreme Court reversed the part on the instant decision of appointment prior to remand and remanded to this court. The Plaintiffs’ appeal on the instant decision was dismissed.

Therefore, the part concerning the resolution of this case among the plaintiffs' claims is already finalized, and the scope of the judgment of this court is limited to the part concerning the resolution of appointment of this case.

2. The following facts of recognition do not conflict between the parties, or can be found in full view of the entries in Gap evidence Nos. 1 through 5, 7 through 11, 23, 29, Eul evidence No. 16, 17, 29, 48, 54, 55, 72, 80, 81, 82, and 86 (in the case where there are serial numbers, including all of them; hereinafter the same shall apply) and the purport of the whole pleadings.

1) N is 11 years of age of L CC Ma, which is a 16-year group of L, and N was naturally formed by N as N and its descendants resided in the area of the Pside area of Gyeongbuk-gun. 2) Subsequent descendants of N consists of LC 15 years of age X, L C C 16 years of age (U) descendants, and subsequent descendants of L 16 years of age (BG and U), and there are no other descendants of N.

B. The ownership of real estate by the literature medium general assembly and real estate (1) is 263,108 square meters of H forests and fields in the Gyeongdong-gun, Gyeongdong-gun, which had been divided (hereinafter “263,108 square meters of forests and fields before division”).

AD and six others on April 15, 1918.

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