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(영문) 대전지방법원홍성지원 2017.07.13 2016가합346
종중총회결의 무효확인의 소
Text

1. Of each of the instant lawsuits, a resolution for the appointment of the representative at the Defendant H H’s general meeting of January 31, 2009 and May 26, 2013.

Reasons

1. Basic facts

A. N is an O (PPP; hereinafter “PPPP”) 15 years of age, Q (16 years of age), R (17 years of age), S, N (18 years of age) as its subsequent descendants.

B. Defendant H’s clan (hereinafter “Defendant H”) is a clan consisting of descendants of N (15 years of age) and Defendant I’s clan (hereinafter “Defendant I’s clan”) is a clan consisting of descendants of R (17 years of age).

Defendant J's (hereinafter referred to as "Defendant J') is a clan comprised of descendants of S (18 years of age) and Defendant K's (hereinafter referred to as "Defendant K') is a clan comprised of descendants of N (18 years of age).

C. The plaintiff B, C, and E are the clan members of the defendant H H, I, and J, and the plaintiff A, D, F, and G are the clan members of the plaintiff H, I, and K.

(Defendants asserted that they do not belong to PP, but that assertion cannot be accepted as seen later).

L claims that Defendant H, J, K, or the representative who manages the real estate owned by the above clans, as follows:

1) Resolution 2 on January 31, 2009 on the appointment of the representative at the clan meeting of May 13, 2009 among Defendant H’s clans) Resolution 3 on January 23, 2013 of Defendant H H’s decision on the appointment of the representative at the clan general meeting of January 31, 2009, and the appointment of the representative who will manage the Ma of Chungcheongnam-nam.

E. On January 30, 2013, L changed the name of the clan representative from T or U to himself/herself, with respect to each real estate subject to the registration of ownership transfer in the name of Defendant H or K among Defendant H and K.

Specific details shall be as shown in the attached Table.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 9, Eul evidence Nos. 1 through 5, 17, 18, 20 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiffs' assertion L does not actually represent the representative from the clans of the defendants.

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