(영문) 인천지방법원 2016.06.28 2016가합52100

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(영문) 인천지방법원 2016.06.28 2016가합52100

보상금분배등

Text

1. The resolution of the extraordinary general meeting on the case of distributing the clans of Defendant E on June 27, 2007 shall be confirmed to be null and void.

Reasons

1. Basic facts

A. Defendant E’s status as a party (hereinafter “Defendant E’s clan”) is a clan consisting of descendants of FC G, a common ancestor, and the Plaintiffs are the members of the Defendant’s clan.

B. Around July 10, 2006, the defendant clans, which decided to expropriate and distribute the defendant clans property, received KRW 1,193,461,00 for five parcels, including Asan-si H, and KRW 2,096,784,00 for four parcels, including I, around August 14, 2006.

Since then, in the presence of 20 members of the defendant clan after convening an extraordinary general meeting on June 27, 2007, the defendant clan distributed the remaining 1,645,938,693 won excluding 500,00,000 won with the reserve fund among the 2,145,938,693 won of the defendant clan's property at the time, but the 1,152,157,085 won amounting to 70% of the total amount per household (30 households) shall be divided into 38,405,236 won per household (30 households), and the remaining 493,781,608 won shall be added to the reserve fund, and the remaining 480,000,000 won shall be 13,781,608 won shall be divided to 30% of the total amount per 30% of the total amount per household (30 households).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 through 6 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. Although the plaintiffs are the members of the defendant clan, they held the general meeting of June 27, 2007 without giving notice to the plaintiffs despite being the members of the defendant clan. The resolution of this case held by the above general meeting is merely a case where the contents of the resolution are considerably unfair, such as setting a difference in the distribution ratio, etc. according to the division of gender, or where they are in violation of good morals and other social order, or where they infringe on the essential contents of basic rights, and thus, the resolution of this case is null and void.

On the other hand, as the president of the defendant clan, the defendant C and the defendant D are the members of the plaintiffs' clan.

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