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(영문) 서울고등법원 2017.11.23 2017나2033214
종중결의 무효확인
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

1. The reasoning for the court’s explanation of this case is as follows: (a) the Plaintiff’s explanation of this case is replaced by “B No. 7” by “B No. 38”; and (b) the Plaintiff’s assertion emphasized or added by this court is identical to the ground for the judgment of the first instance, except for addition of the following determination as to the assertion that the Plaintiff emphasizes or added by this court; and (c) thus, it is acceptable in accordance with the main sentence of

2. Additional determination

A. The plaintiff asserts that the minutes of the clan General Meeting (No. 9) of this case are prepared by a person who has no authority to convene the general meeting or to proceed with the meeting, and that there is no formal evidence, but there is no ground to view that only the person who has authority to convene the general meeting or to proceed with the meeting should prepare the minutes of the clan General Meeting, and according to the overall purport of the statement and arguments No. 1, No. 9 and No. 9, the plaintiff prepared the minutes of the clan General Meeting of this case by the plaintiff, who is the general secretary of the defendant, and Article 28, No. 28, No. 28 (Minutes) of the clan General Meeting of this case by the Speaker of the General Meeting of this case

1) The minutes shall be signed and sealed by three or more persons designated by the chairperson from among the members attending the meeting. Since it is recognized that S, T, D, and C elected by the chairperson of the clan pursuant to the above minutes have affixed their seals and seals to the above minutes, there is no obstacle to this conclusion-finding. The plaintiff's above assertion is unacceptable. (B) Since Article 21 (1) of the clan amended on March 11, 2010 stipulates that the resolution right of the meeting shall be one member of the clan, the resolution right of the meeting shall be stipulated under Article 21 (1) of the clan amended on March 11, 201, the representative of the five clans constituting the defendant clans, who is selected by the chairperson of the clans, shall be in violation of the above provision and shall be null and void, the resolution right of the meeting shall be deemed to be one member of the clans as follows.

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