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(영문) 대전지방법원 2018.10.25 2017가합103324
총회결의무효확인청구의 소
Text

1. The Defendant appointed C as the Defendant’s president at an extraordinary general meeting of May 20, 2017, and the Plaintiff as the Defendant’s president.

Reasons

1. Facts of recognition;

A. The defendant asserts that the defendant is a clan that is a joint ancestor of D 18 years of age, and the plaintiff is not a clan with a unique meaning, but a clan similar organization that was formed rapidly for the provisional disposition of compensation for the land of H, forest, etc. in the 1999.

However, comprehensively taking account of the overall purport of arguments in Gap evidence 3, 10, 17, Eul evidence 11, 12, and 18 (including branch numbers), it is reasonable to view that the defendant's act constitutes a relative organization established for the purpose of protecting the graves of the joint ancestor from before 1999 to the members of the joint ancestor grouping Eul who is 18 years of age or older, owned its own property, and paid its taxes, etc., and held a general meeting to elect officers or make various decisions on measures for the unity of the clan members. However, it is reasonable to view that the defendant constitutes a relative organization established for the purpose of protecting the graves of the joint ancestor group from before 199 to the members of the clan, and for the purpose of promoting friendship among the members of the clans.

Therefore, the plaintiff's above assertion is without merit.

The plaintiff is a defendant's clan member who is appointed as the chairperson of the defendant at an extraordinary general meeting held on January 16, 2016.

B. On April 18, 2017, the Defendant’s clan F sent to the Plaintiff a content-certified mail stating that 47 members of the Defendant’s clan request the Plaintiff to convene an extraordinary general meeting, including the appointment of executives and the management of the clan property (cash). Accordingly, the Plaintiff sent a content-certified mail refusing to call the said extraordinary meeting to the F on April 24, 2017.

C. On May 1, 2017, the Plaintiff F and G shall hold an extraordinary general meeting with the purport of meeting the Defendant’s clan members, including the case of reconsideration and management of family property (cash) under their names.

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