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(영문) 대전고등법원 2016.11.23 2016나11293
창녕성씨 남창대종회 단체구성 효력무효
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The defendant clan is a clan of a natural meaning unique meaning created naturally for the purpose of protecting the graves of the common ancestor, promoting friendship among descendants, etc., which is the 16-year-old descendants of the EDCF (hereinafter “G”).

B. The defendant clan, under the name of January 19, 1993, prepared the Code (hereinafter “previous Code”) with the name of "Allied clan,” and the members of the clan residing in the Asan-si, the principal office of which is located, considered as the principal axis, and part of the members of the clan who were not residing in the H among G descendants, have been participating in the business.

The provisions pertaining to this case in the previous rules are as follows:

Article 4 Members of the plenary session for membership shall be comprised of Gmphs residing in the H of Asan-gun.

Provided, That even a member who resides in another area may join if he/she wishes to do so.

Article 17 (Quorum) Various meetings shall be established with attendance of more than a majority of the members, and a resolution shall be made with an affirmative vote of more than a majority of the members, but the Speaker shall determine in cases

(2) When the matters concerning the enactment, amendment, dissolution, or merger of the regulations are resolved, the attendance of members at least 2/3 of the said members and the consent of at least 2/3 of the said members shall be obtained.

(3) Members of a meeting shall have one vote per person and shall not delegate their voting rights.

C. On April 12, 1971, the instant land was owned by G descendants, and the registration of ownership preservation was completed in the name of I, J, K, and L due to the death of K and L, and M and N’s registration of ownership transfer was completed.

On May 27, 1997, Defendant clan completed the registration of ownership transfer of the instant land on the ground of termination of title trust.

On January 16, 2015, the defendant clan held a previous general meeting of 23 members among 27 members under the previous regulations and made a previous resolution to sell the land of this case to C for 3.4 billion won.

E. Some of the members, including the Plaintiff, etc.

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