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Reasons
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(영문) 서울고등법원 2018.04.27 2017나2068517
종중 대표자 변경 결의 무효 확인 등
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1. Revocation of a judgment of the first instance;

On November 9, 2016, the defendant changed the representative from the plaintiff to C and D.

Reasons

1. The facts under the recognition of facts are either in dispute between the parties or in full view of the purpose of the pleadings as a whole with respect to the testimony of AD witness of the trial.

[1] The registration of ownership transfer was completed in the future E with respect to each of the real estate stated in [Attachment] (hereinafter “instant real estate”), but E died on December 15, 1971

(hereinafter referred to as “E.” The Deceased had G (ma), H (ma), I (ma), J (3), J (ma), K (ma), L (3) and M (4) between F.

G (Seoul) had N,O, P, Q, R, and S under S.

H(H) had T, U, V, W, and X under the sl.

I(E) had Y, Z, Plaintiff (A), AA, and AB under the slot.

I (Seoul) around January 5, 1994, established “AC” as its representative, and completed the registration of ownership transfer for reasons of sale as of December 15, 1983 in accordance with the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (No. 4502) with respect to the instant real estate on March 24, 1995.

The name of the above AC was changed to the defendant (B) on September 8, 2016.

(B) The representative of the Defendant’s door was changed from April 29, 2008 to N in G (Seoul) on the registry of the instant real estate (hereinafter “Defendant’s door”). On October 28, 2015, N’s children C and O were changed to D.

The 20 lineal descendants of the deceased, including the plaintiff (the 3 South I's son) demanded on September 5, 2016 that the 20 lineal descendants of the deceased be elected by holding a clan General Assembly on September 5, 2016, but not accepted.

Accordingly, on October 8, 2016, 22 lineal descendants of the deceased, including the Plaintiff, held an extraordinary general meeting and elected the Plaintiff as the representative of the Defendant literature.

On October 21, 2016, the representative of the defendant's door was changed to the plaintiff on October 21, 2016.

The five persons, including C, D, AD, Q, and S, are arbitrarily decided by the Plaintiff.

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