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(영문) 대전고등법원 2016.12.08 2016나11446
종중총회결의무효확인
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds for admitting the judgment of the court of first instance are as stated in the reasoning of the judgment of the court of first instance, except for the part that is amended or added in paragraph (2) below, and thus, the relevant description is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act

2. Parts to be altered or added;

A. From the second and second pages of the judgment of the court of first instance, the phrase “207.7.7.7.” of the two lines “2007.6.0”; the phrase “this court” of the three-dimensional 1,5,7 lines and four-dimensional 2,3 lines “V District Court”; the word “F” of the two-dimensional 3 lines “O”; and the word “F. 24. 201” of the fourth 6 lines “F. 19.201” respectively.

B. Following the fifth five-dimensional line of the judgment of the first instance, “if a member of the clan who has not received a call notice becomes aware of it by any other means, it shall not be deemed null and void a resolution of the general meeting of the clan even if he did not attend the clan (see, e.g., Supreme Court Decision 94Da42389, Jun. 9, 195).”

C. The 5th line in the judgment of the court of first instance changed the phrase “B evidence 2” to the phrase “A 3, 9, 12-16 evidence, Eul 2, 4, 5, and 11 each evidence, the testimony of PP witness of the court of first instance and the appellate trial witness I”, the phrase “not having given notice” of the 11 line to read “not having given notice or through I,” and the phrase “ through I” of the 12 line to read “I or through other other accessories.”

In light of the fact that the phrase “...., written the phrase,” in the 6th sentence of the first instance judgment, “the phrase was written,” the majority among the Defendant’s members received such notice, and the circumstances leading up to the opening of the instant general meeting and the circumstances and progress leading up to the dispute within the previous clan, etc., it appears that the members who attended the instant general meeting or prepared power of attorney knew of the fact of the instant general meeting to other members who attended the meeting or prepared power of attorney.”

E. The 6th half to 15th half of the judgment of the court of first instance is replaced by the lower court’s indicated part.

However, the plaintiffs received a notice of convening the general meeting of this case, Q, M, and so on.

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