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(영문) 대전고등법원 2017.04.26 2016나12296
종중결의무효확인
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim, including the plaintiff's claim added in the appellate court.

Reasons

1. Summary of the parties' arguments

A. Plaintiff 1) Defendant clans are the general assembly of November 17, 2013 (hereinafter “instant general assembly”).

(1) A resolution was made on the matters listed in the separate sheet 1 (hereinafter “instant resolution”) by holding a meeting and adopting a resolution on the matters listed in the separate list 1.

A) However, the legitimate convening authority of the general meeting of this case, even though the plaintiff is the representative of the defendant clan, I, not a legitimate convening authority, convened the general meeting of this case. In addition, the resolution of this case did not meet the quorum pursuant to the clan Regulations. Furthermore, the resolution of this case was invalid because the procedure for convening the general meeting of this case and the procedure for making a resolution are unlawful, and thus, the confirmation is sought. 2) Moreover, the defendant clan did not have a resolution on the matters listed in the attached Tables 2 and 3 at the time of the resolution of this case.

Although the defendant clan, the minutes were prepared by falsity as if the resolution was made at that time.

Therefore, it is also necessary to seek confirmation of invalidity of the resolution on the matters listed in the separate sheet 2 and 3 (hereinafter “resolution 2 and 3”).

B. Defendant clan 1) The resolution of this case was made at the general meeting of this case held in accordance with legitimate convening procedures and resolution procedures. The resolution of this case 2 and 3 remains at the general meeting of this case and is legally made at the general meeting of this case, but only the minutes are drawn up retrospectively. Therefore, there is no problem in the validity of each resolution of this case. 2) Defendant clan held a general meeting on November 20, 2016, which is after each resolution of this case, and made a resolution of ratification of each resolution of this case (hereinafter the above resolution of ratification of this case) on November 20, 2016.

Even if there are defects in each resolution of this case, the validity of the resolution of this case is problematic.

8.2

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