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(영문) 서울고등법원 2018.08.17 2017나2063444
종중총회결의무효확인
Text

1. All appeals filed by the Intervenor against the Plaintiffs are dismissed.

2. The costs of appeal are assessed against the Defendant joining the Defendant.

Reasons

1. The reasons why the court of the first instance as to this case are stated are as stated in the reasoning of the first instance judgment, except for the addition of “judgments on the grounds for appeal 4.4.” following the fourth below to the fourth below, and thus, they are cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

【Supplementary Part of the Reasons for Appeal” 【4. Acknowledgement of the Right to Vote or Right to Vote of Advisors on the Grounds of Appeal on the Grounds of Appeal for the following reasons:

Therefore, even if the adviser exercised his voting right at the time of the instant appointment resolution, it cannot be deemed that there is any defect in the resolution.

Since the defendant's rules stipulate the adviser as a member of a general meeting (Article 14 (1)), an adviser should also be deemed to have voting rights in the systematic and normative interpretation of the defendant's rules.

According to the characteristics of the clan, which is a naturally created clan group that raises the common ancestor, the adviser has a special status as the appearance of the defendant clan, and it is determined that the adviser can exercise his/her voting right even without being elected by each region, separately from the officers and representatives who intend to reflect his/her experience and tradition in the general meeting.

Therefore, it is unreasonable for the court below to determine that granting voting rights to advisers, on the premise that they should be elected in order to have voting rights at a general meeting, is inconsistent with democratic procedures. There is a practice in which advisers exercise voting rights at a general meeting, and practice has been repeated for a long time, and Defendant clan members were automatically aware of the exercise of voting rights at a general meeting in light of the status of advisers.

Therefore, it should be deemed that the practice of the adviser’s voting right has been established as the norm of the defendant clan.

The right to vote is included in the voting right, and the right to vote is recognized to the adviser, so there is also the right to vote.

Even the adviser.

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