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(영문) 서울고등법원 2016.09.01 2016나2012036
임시총회결의무효확인
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition or dismissal as follows. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2.In addition, the following shall be added to the sixth and nine parts of the judgment of the first instance.

The key issue of this case is whether the resolution of the special general meeting of this case is valid, as stated in the purport of this case, based on the register of the clan members and the family register that existed at the time of the clan representative.

The validity shall be determined by the precedents, legal principles, rules of evidence, and evidence of this case.

The reasons for the decision of the first instance court shall be as follows.

(1) The scope of the clans subject to a notification of convening a clan general meeting should be determined by the family clans, unless there are special circumstances, such as the error in the entry of the clans, if the family clans were published regarding the legitimacy of the convening procedure of the instant special meeting.

(see, e.g., Supreme Court Decision 2009Da45740, Oct. 29, 2009). In addition, according to Article 6(1) of the Rules on the Operation of the General Meeting of Defendant clans, the members of the clan recorded in the register of members of the general meeting should be determined as members participating in the general meeting by not later than the notice date

Unless there are special circumstances, such as that F’s descendants exercised voting rights at the instant special meeting, F’s descendants exercised voting rights at the instant special meeting, it is defective in the instant special meeting on the ground that F’s descendants exercised voting rights at the instant special meeting, on the ground that they were recorded as the members of the Defendant clan, and that the list of the members of the Defendant clan also recorded as the members of the Defendant clan, there is no dispute between the parties as to the facts indicated as to the fact that the members of the Defendant clan were recorded as the members of the Defendant clan, and that the Defendant clan issued a notice of convening the instant special meeting to F’s descendants according to the above records of the clan and the clan List.

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