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(영문) 서울고등법원 2016.11.18 2016나2023340
종중총회결의무효확인
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The parties’ status 1) Defendant D’s clan (hereinafter “Defendant D’s clan”)

(2) Although Defendant clan asserted that its name is “D” rather than “D clan,” Defendant clan’s name is indicated as “D clan,” it is written in the land register (No. 11) of Young-gu, Young-gu, which is the ownership of Defendant clan, as “D clan,” in light of the fact that Defendant clan’s name is indicated as “D clan,” and the mark of Defendant clan’s clan (No. 2) is indicated as “D clan,” the above argument of Defendant clan cannot be accepted. Defendant clan’s name is omitted, out of the descendants of EC Sim F, 18 years old (hereinafter, in particular, unless it is necessary to disclose it).

[2] The defendant clan's 22 years old is H, I, K, L, J, Q, M, and the defendant's 1964 "R world newsletter" published in 1964 (hereinafter "R world newsletter") among the defendant's 3 newsletter of the defendant clan, and the defendant's 1964 Gap's newsletter cannot be viewed as ordinary family clan because U was voluntarily written into a iron box on April 1964. However, it is difficult to find that U was arbitrarily prepared by the statement of Eul No. 8, but rather, according to the statement of Gap No. 13, it is recognized that the plaintiff's 1964 was produced from "R", which is the higher clan of the defendant's clan. Thus, the defendant's above assertion is not accepted.

And according to the “Spambook” published in 2001 (hereinafter “Spambook”), Plaintiff L, Plaintiff B, and Plaintiff C are descendants of M.

B. Article 4 (Qualification) of the main contents of the Rules of the defendant clan on July 7, 2013, which provides that "the number of members of the clan shall be the members of the clan which is not less than 20 years old who are the descendants who jointly create G, and all men who are not less than 20 years old shall be the members of the clan; hereinafter the same shall apply) Article 4 of the Rules of the above clan, and therefore, "the number of members shall be the members recorded in Eul (D's 2009)." However, the plaintiffs and the defendant clan shall be 'A evidence (D' 2009) in relation to whether the plaintiffs have the standing for party to the lawsuit of this case or the interests of lawsuit."

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