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(영문) 대전고등법원 2017.12.07 2017나11931
임시총회결의 무효 확인의 소
Text

1. The judgment of the first instance court, including the Plaintiff’s claim expanded in the trial room, shall be modified as follows.

The defendant on January 2016.

Reasons

1. Basic facts

A. 1) The defendant is a clan consisting of descendants of C, and is established with the purpose of managing and preserving real estate, such as the memorial and the operation of the memorial services, the operation of the memorial services, and the promotion of friendship among the members. The defendant is comprised of five lower parts of AM, NM, AOP, AP and QP, and the lower part of ASP, along with AR. 2) The plaintiff is a member of the defendant's clan.

B. The Defendant, on January 29, 2016, notified about 20 members of the Defendant’s clan to convene an extraordinary general meeting (hereinafter “the first general meeting”) on January 29, 2016, made each resolution on the Plaintiff’s qualification as the Plaintiff’s clan member, including a resolution to suspend the Plaintiff’s membership for five years (hereinafter “the first resolution”).

C. The Defendant, on May 29, 2016, notified 50 members of the Defendant clan to convene an extraordinary general meeting (hereinafter “the second general meeting”) on May 29, 2016, made each resolution listed in the attached Table 2, including a resolution of ratification of the first general meeting (hereinafter “the second resolution”).

On June 25, 2016, the Defendant, among the Defendant clan members, notified the 493 general members of the Defendant’s clan of convening an extraordinary general meeting and adopted a resolution of ratification of each of the first and second resolutions (hereinafter referred to as “third resolution”) on June 25, 2016 after holding an extraordinary general meeting (hereinafter referred to as “third general meeting”).

E. On September 24, 2016, the Defendant: (a) notified the 607 members of the Defendant clan to convene an extraordinary general meeting; (b) held an extraordinary general meeting (hereinafter “fourth general meeting”) on September 24, 2016; and (c) made a resolution of ratification of each of the first and third resolutions (hereinafter “fourth resolution”).

[Reasons for Recognition] A, Evidence Nos. 1, 26, and Eul Nos. 1 through 7, 18, 24, 25, 50, 52 shall have no dispute.

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