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(영문) 대구지방법원안동지원 2015.12.03 2014가합3143
부당이득금
Text

1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

2. The costs of the lawsuit are indicated as the representative of the Plaintiff.

Reasons

1. Determination as to whether H has the authority to represent the Plaintiff

A. We examine whether the Plaintiff’s representative, who filed the instant lawsuit, has the authority to represent the Plaintiff.

In holding the general meeting of a clan, each person shall be given an opportunity to participate in the meeting, discussion, and resolution by individually giving notice to all adult men and women who can be notified among the descendants of the common ancestor, and each person shall be given an opportunity to participate in the meeting, discussion, and resolution, except in special circumstances, to all the clan members listed in the family register, and if there is any other clan members not listed in the family register, this shall also include the members of the clan, which can communicate with each other after determining the scope of the clan members subject to notice for convening the general meeting, and shall make efforts corresponding to the efforts that were made at the time of the publication of the family register in identifying their location, and if it is impossible for the clan members to determine their location, it shall be supported by reasonable reasons, and if it is not possible for the clan members to attend the general meeting without going through

(See Supreme Court Decision 2006Da74237 Decided March 29, 2007; Supreme Court Decision 2000Da17582 Decided July 6, 2000). B.

With respect to this case, the Ministry of Health and Welfare and H asserted that the Plaintiff’s extraordinary general meeting held on February 8, 2014 (hereinafter “instant extraordinary meeting”) was elected as the Plaintiff’s representative.

However, it is not sufficient to recognize that the Plaintiff individually notified the general meeting of this case and held the general meeting of this case to female class members who are subject to the notice of the general meeting, solely with the statement of No. 13, and there is no other evidence to acknowledge it.

Therefore, even if a resolution was adopted at an extraordinary general meeting of this case to elect H as the representative, H does not have the effect of the above election resolution.

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