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(영문) 광주지방법원 2015.01.23 2014가합6284
종원지위확인 등
Text

1. Of the instant lawsuits, the part of the claim to nullify the invalidity of the ordinary general meeting is dismissed.

2. The plaintiff is the defendant's senior status.

Reasons

1. Basic facts

A. The defendant is a clan set up in C 10 years old-old D, and the defendant has four subordinate clans of "Egrams society, Fmuns society, Gmuns society, and Hmuns society."

B. In 1689 I, J in 180, K in 1845, K in 1866 L, 1911 M, N in 1946, N in 1960, P in 1978, and Q in 1984.

C. K is written with R as the Defendant’s head, its children, and L, M and N are written with R’s L, M and grandchildren. D.

M, P, and Q contain W, the Plaintiff (A, X to theO), and Y [Y, Y, Z] as R R’s children S, S’s U, U’s children, V, and V respectively.

E. Around July 2009, the Defendant organized the Pakistan compilation Committee in order to publish a new family newsletter in which changes have been arranged after Q, and, among the Defendant’s subordinate small papers, the Egrams, to which the Plaintiff belongs, decided not to register the Plaintiff at the regular meeting on April 3, 2010, decided not to register the Plaintiff in the family newsletter that was newly published without recognizing the Plaintiff’s status as the closing members.

F. As above, the Defendant did not notify the Plaintiff of convening a meeting, and held a general meeting on March 30, 2014 (hereinafter “instant general meeting”) with the Plaintiff excluded the Plaintiff from the quorum, and resolved to approve the settlement of revenue and expenditure for the year 2013, approve the budget bill of revenue and expenditure for the year 2014, and take a disciplinary measure against the Plaintiff.

[Based on Recognition - Unsatisfy Facts, Gap evidence 1 through 3, Eul evidence 1 through 7, 12 (including each number), the purport of the whole pleadings]

2. Whether the claim for nullification of the ordinary meeting is legitimate or not, the plaintiff asserts that the defendant did not recognize the plaintiff as a member of the ordinary meeting, and that he held the general meeting of this case without excluding the plaintiff, and sought confirmation of the plaintiff's status as a member of the ordinary meeting of this case and the confirmation of invalidity of the general meeting of this case. Thus, the plaintiff's claim

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