(영문) 광주지방법원순천지원 2019.02.14 2018가합11238

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(영문) 광주지방법원순천지원 2019.02.14 2018가합11238

종중회의결의무효확인 청구의 소

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts [based on recognition: Facts without dispute, Gap evidence 1, 2, 3, 5, 6 (including provisional numbers; hereinafter the same shall apply);

(ii) evidence Nos. 1, 3, 4, 7, 8, and 12; the purport of the whole pleadings;

A. The Defendant is an organization that consists of descendants from Emph 13 years old grouped of joint lines, and is mainly operated as an organization for the protection of graves, religious wing and friendship of a joint boat, and the descendants residing in a leisure city.

B. On April 23, 2017, the Defendant held a meeting on April 23, 2017 (hereinafter “First Meeting”) and passed a resolution to appoint C as the president and D as the general secretary (hereinafter “instant resolution”).

C. On June 21, 2018, C was notified on June 21, 2018 that he/she cannot perform his/her duties by putting his/her words in the instant lawsuit to resign from office with D, and that he/she will hold a special meeting for the composition of a new president group on June 30, 2018.

Accordingly, the Defendant held a meeting on June 30, 2018 (hereinafter “the second meeting”) and passed a resolution to appoint G as the president and H as the general secretary (hereinafter “the second resolution”).

E. The main contents of the Defendant’s bylaws are as follows.

I The purpose of this clan Article 2 (Purpose) of the Rules of the Em. Em. of the clans is to preserve and manage the graves of the clans, their relics and the property of the clans, and to promote friendship among the members of the clans.

Article 4 (Qualification for Membership) The membership of a clan shall be 13 years of age for Emph 13 years of age (F) and shall be a married son at least 30 years of age.

Article 5 (Chairman of the General Assembly) The president of the clan shall be the chairman of the General Assembly.

Article 7 (Establishment of General Meeting) The attendance of more than a majority of the operating members shall be constituted.

Article 8 (Quorum) A general meeting shall adopt resolutions with the consent of a majority of the members present.

Article 11 (Election of Officers) The officers of this clan shall be elected at the general meeting of the members of the clans with abundant knowledge and experience and good reputation.

2. Judgment on the Defendant’s main defense

A. The Plaintiff’s recognition of the benefit of confirmation is the instant case.

유사 판례

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-대전고등법원 2019.06.27 2018나15039

-서울중앙지방법원 2011.12.29 2009가단168887

-서울중앙지방법원 2016.01.27 2014가합590430

-수원지방법원성남지원 2015.09.09 2014가합6103