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(영문) 부산고등법원 2020.05.20 2018나53293
회계장부 등 인도 청구
Text

1. Of the part against the defendant in the judgment of the court of first instance, the part against the plaintiff who ordered performance below is against the plaintiff.

Reasons

1. Basic facts

A. The plaintiff is a clan similar organization established for the purpose of maintaining a common ancestor's dynasium, the protection of graves, and the scholarship business of descendants in the door while consisting of persons with addresses in Ulsan-gun E, Ulsan-gun, and was enacted on March 1, 1986.

B. The plaintiff had a dispute over the appointment of a representative from around 2007 due to the dispute over the qualifications of members. Since around September 2, 2008, the board of directors held on June 2, 2009, which was held on September 2, 2008, died, and the defendant was appointed as a new representative.

C. On July 4, 2011, the Plaintiff’s literature U asserted that he was appointed as the Plaintiff’s representative at the Plaintiff’s extraordinary general meeting held on June 26, 201, and on behalf of the Plaintiff, on behalf of the Plaintiff, filed a lawsuit against the Defendant for delivery of minutes, account books, passbooks, etc. from 2005 to 2011 (Ulsan District Court 201No4335, hereinafter “former Accounting Book, etc.”) and the Ulsan District Court rendered a judgment dismissing the said lawsuit on August 13, 2012 on the grounds that “The extraordinary general meeting of June 26, 201 is an extraordinary general meeting convened by a person without legitimate authority, and Ulsan appointed as the Plaintiff at that extraordinary general meeting cannot become a legitimate representative of the Plaintiff, and the said judgment became final and conclusive around that time.

On the other hand, the Plaintiff’s literature Jung-won C, even without undergoing lawful procedures, was held on January 28, 2013 according to lawful procedures and prepared minutes of an extraordinary general meeting as if he/she was appointed as the Plaintiff’s representative, and used them to receive the proceeds of sale after selling a number of real estate owned by the Plaintiff.

E. At the Plaintiff’s extraordinary general meeting held on July 20, 2014 with the permission to convene an extraordinary general meeting by the Ulsan District Court 2014 non-conforming9, V was appointed as the Plaintiff’s representative at the Plaintiff’s extraordinary general meeting.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 14, 18, 26

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