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(영문) 대전고등법원 2015.06.03 2014나572
종중결의무효확인
Text

1. The judgment of the court of first instance is modified as follows.

Of the instant lawsuits, the Defendant was dated July 11, 2009 and July 31, 2009, respectively.

Reasons

1. The court's explanation on this part of the basic facts is the same as the statement under paragraph (1) of the reasoning of the judgment of the first instance, and thus, citing it by the main sentence of Article 420 of the Civil Procedure Act.

2. Summary of the parties’ assertion

A. Plaintiffs 1) The Defendant’s extraordinary general meeting as of July 11, 2009 was convened by the J which cannot be seen as the Defendant’s representative. The above general meeting was convened on July 7, 2009 without giving notice to all the members who can communicate, and was convened on July 7, 2009. Although the above general meeting was written only as “cases of sale of forest and fields,” the above general meeting was resolved on the case of appointment of the chairman who is not a pre-public notice. Although the general meeting was written only as “cases of sale of forest and field,” there was approximately 900 persons, M 800 persons, N 150 persons, approximately 1,850 persons among the Defendant’s closing members who were 44 members, including the president of the general meeting, and there was no significant and obvious defect in the convocation procedure and the above resolution on July 1, 2009.

B. A resolution was adopted on the amendment of the clan Regulations, the election of officers, and the sale and purchase of the site to be incorporated into an industrial complex, and the acceptance of the use thereof at the special meeting convened on December 21, 2014 by the acting director appointed by the decision of the court of this Safety Defense. Therefore, the resolution of each special general meeting and the general meeting of the case where the plaintiffs are seeking.

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