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(영문) 서울고등법원 2015.12.18 2015나2010439
종중총회결의무효확인
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The defendant's status as the defendant is that ECF (G): H and 11-year-old grandchildren (AP) are naturally created for the purpose of religious rites, grave management, and friendship among their descendants, by taking the 14-year-old descendants into consideration the J (K) as a medium city grouping descendants of the 7-year-old h and 11-year-old grandchildren.

B. On March 23, 2008, the Defendant held a provisional general meeting on March 23, 2008, the name of the clan A, B, and L was changed to the “MM clan,” and the president elected A, the president of Gwangju City as the president, and a resolution was passed to develop the 52,265 square meters of forest land N2,265 square meters. A completed the registration of transfer of shares in the name of MM Council in relation to the above forest land from November 13, 2008 to August 6, 2009. A changed the name of the owner of land, such as MMO, P, and Q, owned by the Defendant.

C. On July 26, 2013, the Defendant of the General Assembly on July 26, 2013: “1. Date and time: July 26, 2013;

2. Place: 9 U cafeterias in Seoul Northern-gu Tbuilding;

3. The agenda for deliberation: A notice of convening a general assembly was issued to the 129 members of the R R’s clan (mast male) for the above contents, including the case of the opening of the general assembly of the Defendant, the case of the election of executive officers, the case of the damage to the Defendant’s clans, the case of the damage to the Jsansan and the removal of the headquarters, the case of the repair of the Tbuilding, and other matters discussed.

Accordingly, the defendant's temporary general meeting held on July 26, 2013 is the first general meeting of this case.

The resolution was made as shown in the separate sheet 1. D.

On June 29, 2014, the Defendant of the General Assembly on June 29, 2014: 13:30 June 29, 2014;

2. Place: X in Dobong-gu Seoul Metropolitan Government W;

3. The agenda and discussed items of the meeting: The case of amending the terms and conditions of the meeting and the regulations, the case of the temporary general meeting on July 26, 2013 and the case of ratification of the matters resolved by the general meeting on October 27, 2013, and the case of other discussions, "the public announcement of convening an extraordinary general meeting" was made, and the family members belonging to the same day.

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