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(영문) 대전고등법원 2015.05.07 2013나5440
종중회결의무효
Text

1.(a)

The plaintiffs' appeal on January 6, 2012 as to the primary claim against the clans' meeting is dismissed.

(b).

Reasons

1. Basic facts

A. The defendant clan is a clan which is composed of 12 years of age AP's 12 members and whose descendants are members of the clan, and the plaintiffs are the members of the defendant clan.

B. Defendant clan did not have a separate general meeting, and the members of the clan, who moved in a trial system on the fourth Sundays every October, 1 year, was discussed about the intention of the clan member. On November 20, 201, approximately 11 members of the Defendant clan members attended the trial system on October 20.

C. After the establishment of the clan, the Defendant clan prepared minutes (No. 3) of the minutes of the Defendant clans Association (hereinafter “instant clans Assembly of November 20, 201”) from November 20, 201, and the main contents thereof are as follows:

① Temporary: 20 November 20, 201. The date and time: The items to be deliberated on: the case concerning the lease or investment of the land owned by the clan No. 1 - the case concerning the lease or investment of the land owned by the clan No. 1 - the case concerning the lease and investment of the land owned by the Korean clan No. AM and nine parcels (hereinafter referred to as the “instant land”) with the agricultural company N. corporation (hereinafter referred to as the “N”).

N In the manner that capital and skills are invested and our clans are distributed 15 percent of the leave price of land in the manner that our clans invest approximately 9,000 square meters in the land of the clans.

For the next 40 years, N and us's clan interests are unique.

After 40 years, all rights shall belong to the clan of Korea.

In this regard, I am the opinion of the majority of the members.

- B: He is anticipated to oppose AS village, so he may not object if he is a clan, although he is actively unable to see his work.

-O: I think it should naturally be expected that if no profit takes place than playing land.

At this time, AT, K, AU, AO, Q, S, AV, and AF consent at this time. - The Chairperson declares that the proposal has been passed since all the members present at the Council.

Participants AW, AT,O, K, AU, B, AO, Q, S, AV, AF.

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