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(영문) 대구지방법원 2016.05.27 2014가합5870
종중임시총회결의무효 확인
Text

1. The disposal of each real estate listed in the separate sheet and the appointment of F, G, H, and I as disposal members of the said real estate and the defendant clan.

Reasons

1. Basic facts

A. (i) The 11-year-old L’s 11-year-old L’s 11-year-old L, K, was in the Joseon Dynasty, and was residing in the area that was the U.S. of the Gyeongbuk-gun, Gyeongbuk-gun, 1914 prior to the administrative district reorganization, and the descendants were naturally formed by the clan of the Republic of Korea, who was residing in the area above, as the descendants were living in the area above.

P, P, P, the second grandchildren are R, R, the south of R is S and the south is T, and T, and T is the latter descendants are composed of the E-type.

B. On March 25, 2011, the Defendant clan held an extraordinary general meeting on March 25, 2011 (hereinafter “instant resolution”) and passed a resolution on the disposal of each real estate indicated in the attached list, appointment of F, G, H, and I as disposal members of the said real estate, and appointment of F, H, and I as the Defendant clan’s representative, while the members of the clan attend an extraordinary general meeting on March 25, 2011.

C. The rules of April 6, 1993 of the defendant clan are as follows.

Article 5 (Partners) The members of this clan shall be adult male with only one household written in E, and shall be composed of the same as the register of separate members.

Article 6 (Disqualification of Members) A member shall be disqualified for membership when he/she dies, and his/her grandchildren shall be succeeded.

Article 8 (Classification of Assets) Family assets shall be classified into basic assets and ordinary assets, and the basic assets shall be those listed in each of the following subparagraphs, but they shall not be disposed of, or secured by:

Provided, That where unavoidable reasons exist, a disposition or security may be made through a resolution of the general meeting.

1. Real estate registered for the possession of a clan (forest, paddy field);

2. Property designated and contributed as an endowment; 3. General property shall be the property other than an endowment;

Article 15 (General Meeting) On the first day of February of every year, a general meeting shall be held on the second day of February of the year, and any decision shall be made on the following matters:

1. Settlement of accounts, business plans, and resolution of other matters;

2. Election of executives;

3. Amendment of bylaws;

4. All matters concerning the management of clan property shall be set forth in Article 16.

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