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(영문) 서울고등법원 2015.05.06 2014나57329
임시종중총회결의 무효 확인
Text

1. The defendant's appeal is all dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of the court of first instance as to this case is as follows, except for the addition and modification as follows and addition of the judgment as to the defendant's argument in the trial of the court of first instance, the reasoning of the judgment is as stated in the main sentence of Article 420 of the Civil Procedure Act.

The 3, 14, and 15 of the first instance judgment "no" shall be deemed to be valid in the case of changing "no 6th 7th 3, 3, 14, and 15 to "the Military Court", and "no 5th 7th 7th 9 of the first instance judgment" to "no 9th 9 of the same seven separate 7th 9th 1st 193 changed to "no 1,4902" and "no 494 (44% of the number of members of the clan") shall be decided by the attendance of a majority of the members of the clan and the affirmative votes of the majority of the members of the clan," and "no 2th 9th 9th 1, 200" to "no 1,15 of the defendant alleged to be the total number of members of the clan," and it shall be deemed to be valid in the case of "no 1,115 of the defendant's convening of the first 21th 17th 17th son.".

Even if the proviso of Article 10(1) of the clan provides that "if the attendance rate is less than a majority, the board of directors shall determine", but at the time of holding the special general meeting of this case, there was no legitimate chairperson and the board of directors, so the clan rules applicable to this situation.

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