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(영문) 수원고등법원 2021.01.14 2020나11243
종중결의무효확인의 소
Text

The defendant's appeal is dismissed.

Costs of lawsuit shall be borne by the defendant.

The purport and purport of the appeal

1. The purport of the claim;

Reasons

1. The reasoning of the judgment of the court of first instance, which accepted the case, is the same as that of the judgment of the court of first instance, except in the following cases. Thus, the reasoning of the judgment is acceptable by the main sentence of Article 420 of the Civil Procedure Act.

The resolution for the alteration of the clan of this case was made by the resolution for the alteration of the articles of association of this case in the third h 2 h h 2 of the judgment of the first instance.

The following shall be followed up to 4 Myeon 4 through 7 Myeon 6:

“The Government”

A. 1) Judgment on the defect in the procedure of convening a clan as to the assertion that the representative of the clan was convened by a person who is not a legitimate member of the clan, according to the rules or practices of the clan, and if not, the head of the clan or the head of the door shall convene and elect an adult or older person among the members of the clan. Although the head of the clan or the head of the door does not appoint the head of the clan, he/she shall notify the members of the existing clan or the head of the door, and if there is no rules or practice regarding the appointment, he/she shall clearly reside in the country and shall convene a clan general meeting and appoint a representative of the clan at that meeting (see Supreme Court Decision 2009Da26596, Dec. 9, 2010, etc.). The facts that the representative of the clan was convened by the head of the clan and the head of the court of first instance after the resolution of the court below regarding the appointment of the plaintiff and the head of the court of first instance, each of the above 2010 members of the Supreme Court shall be dismissed.

Therefore, this case.

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