(영문) 서울고등법원 2017.09.12 2017나2010426

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(영문) 서울고등법원 2017.09.12 2017나2010426

종중회장지위확인및종중소유유체동산인도

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1. The plaintiff's appeal and the plaintiff's additional claim against the defendant C are all dismissed.

2. Appeal;

Reasons

1. As to this part of the facts based on the judgment of the court of first instance, the corresponding part of the grounds of the judgment of the court of first instance (from 2.9 to 6.3 pages of the judgment of the court of first instance) shall be cited as the grounds of this judgment pursuant to the main sentence

However, some of the following shall be added or added:

The following shall be added at least six pages of the first instance judgment:

D. The Plaintiff, AK, AL, AA, and T (hereinafter “five persons, including the Plaintiff”) who is the members of the Defendant clan (hereinafter “five members”) were the members of the Defendant clan, demanded that L of the former president of the clan convene a clan general meeting in order to elect the president of the clan on February 21, 2017 and March 17, 2017. However, L rejected each of the above requests on March 3, 2017 and March 31, 2017.

2) On April 28, 2017, five members, including the Plaintiff, sent a notice of convening an extraordinary general meeting of the Defendant clan prepared in their names to 347 members by registered mail, and sent text messages to the members of the clan known of their telephone numbers. The above notice of convening an extraordinary general meeting of the Defendant also included the following: “The case of election of the president of the clan (the case of subparagraph 1) at a N restaurant located in the Yangyang-gun M of the 201:0 on May 13, 2017; the case of ratification of the special meeting of December 19, 2015 (the case of subparagraph 2); the case of ratification of the special meeting of the new president (the case of subparagraph 3 items); and the case of granting the power of litigation related thereto (the case of subparagraph 3 items). In addition, the above notice of convening an extraordinary general meeting of the Plaintiff and the new president was submitted to the 13th National Assembly members of the 2017.

A) Two pages 6 of the first instance judgment of the court of first instance shall be written by inserting "Evidences 1 through 4, 13, 14, 16 through 20 of A".

2. The parties' assertion

A. Plaintiff 1.

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-민사소송법 제420조

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