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(영문) 광주고등법원 (전주) 2018.06.14 2017나11921
종중결의무효확인
Text

1. Revocation of a judgment of the first instance;

2. Of the instant lawsuits, the part of the claim for confirmation of invalidity of the E-General Election Resolution shall be dismissed.

Reasons

1. Basic facts

A. The defendant is a clan comprised of descendants of F, and the plaintiff is a member of the defendant's clan.

B. On October 16, 2016, the Defendant held an extraordinary general meeting (hereinafter “instant extraordinary general meeting”) and resolved as follows.

(hereinafter “Resolution on the Special General Meeting of this case”). ① The case of replacing the Defendant’s representative: D: (2) The case of selling 2/3 of the size of 508 square meters (hereinafter “instant land”) in the Jeonbuk-gun-gun-gun-gun, Jeonbuk-gun-gun, Jeonbuk-do: The case of selling the instant land to G (the case of selling: 30, 30, 1, 1, 28 for G among 34 members present, 4, and 1 for the Plaintiff among 34 members present: 28 for G among 34 members present, 4 for the Plaintiff, and 1 for the Plaintiff)

C. The main contents of the defendant's clan rules pertaining to this case are as follows.

Article 5 The clan members of this clan shall be the descendants of F, who are not less than 20 years of age.

Article 6. The clans shall have the following officers:

1. One chairman;

2. One vice-chairperson;

3. One secretary;

4. One financial officer; and

5. One auditor.

6. Four directors and officers under Article 7 or 6 shall be elected at the ordinary general meeting, and their terms of office shall be three years; and

Provided, That the reappointment may be allowed.

Article 12 Regular General Meeting shall be April 5 of each year.

A temporary general meeting shall be convened by the Chairperson, if necessary or at the request of at least 1/3 of the members.

Article 13. The quorum of incumbent members shall be the number of members attending F's funerals.

The board of directors under Article 18 shall resolve on the following matters with the consent of at least 2/3 of the total number of directors, and shall report and obtain approval from the next ordinary meeting:

1. Cases concerning the management, acquisition and disposal of basic property;

2. Fact that there is no dispute over a case concerning the disposition of final appeal which requires urgency (based on recognition), entry of evidence Nos. 1 and 3, and the purport of the whole pleadings;

2. As to the lawfulness of the instant lawsuit

A. 1 Defendant’s defense of this safety can be contacted, its location is clear, and its agenda has been present.

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