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(영문) 대전지방법원 2013.10.23 2013가합4085
종중총회결의무효확인
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

The defendant is a defendant in the status of the parties to a clan made up of E by his descendants, and the plaintiffs are the members of the defendant's clan.

On July 8, 2007, the resolution of the relevant clan general meeting and related litigation defendant held a clan general meeting with F on July 8, 2007. The above general meeting made a resolution that "to appoint G as the representative of the defendant, and to appoint the defendant as the representative of the defendant on July 7, 2007, on various lands such as H 43,532 square meters of forests and fields H 43,532 square meters, etc., brought against the plaintiff C for the cancellation of title trust (this court 2007Gahap6127)."

On August 27, 2008, the Defendant rendered a judgment against this court on the ground that the Defendant did not have any actual presence at the time of title trust with respect to Plaintiff C in the lawsuit claiming for ownership transfer registration, but the appellate court (Seoul High Court 2008Na8506) rendered a favorable judgment on the ground that the Defendant was in fact at the time of the above title trust, and that the Plaintiff C was in title trust with respect to the said land.

After that, on July 23, 2009, the Supreme Court (2009Da17363) reversed and remanded the above appellate judgment on the ground that "the defendant's co-appellant is not F but F, so it is not F, the defendant's co-appellant is not F, and thus the resolution of the clan General Meeting held on July 8, 2007 by F without the authority to convene the general meeting is illegal and invalid."

On July 11, 2009, the resolution of the clan General Meeting and the related litigation I convened the defendant's extraordinary meeting as a colon, and held the extraordinary meeting on July 11, 2009. The above general meeting decided that G is the representative, such as the resolution of the clan General Meeting as of July 8, 2007, and that G is ratified all the litigation in the lawsuit claiming the ownership transfer registration.

Accordingly, the defendant received a favorable judgment on December 11, 2009 from the appellate court (Seoul High Court 2009Na5023) after the above reversal and return, and the judgment was rendered on May 13, 2010.

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