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(영문) 광주지방법원순천지원 2017.07.20 2016가합388
종중대표자지위확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts (applicable for recognition: The fact that there is no dispute, Gap evidence 15 through 29, 33, 34 (including each number; hereinafter the same shall apply);

(2) Each entry and the purport of the whole pleading

A. The Defendant is an organization comprised of descendants of E (the number seems to go from the view of JP, which is 15 years of age of D (the number seems to go from the view of JP, which is divided by 23 years of age; hereinafter the same shall apply). The Plaintiff (27) and C (27) are the Defendant’s members, and the Defendant’s members are the highest resistance among the Defendant’s members who are alive by C, and the highest resistance is the co-existent.

B. C, upon registering the Defendant at the time of netcheon, submitted the following Defendant’s rules (hereinafter “instant rules”) to the effect that “A was selected and appointed as the Defendant’s representative at the meeting of April 26, 2003 at which five members were present.”

The clan of Article 1 of the F clan Regulations refers to the F.

Article 2 The branch office of this clan shall be established in the Jeonnam-gun G.

Article 5 The property of the clan shall be managed by the general secretary and shall have the power of representation by the chairman.

Article 6 Regular Session of this clan shall be held in the first order of December each year, and extraordinary meetings shall be convened when necessary.

The resolution of the general meeting under Article 7 shall be duly formed with the attendance of not less than 2/3 of the members and with the concurrent vote of not less than 2/3

Provided, That the signature of all resolutions shall be made by appointing five representatives and affixing seals.

C. Four members, including the Plaintiff, filed an application with the court for a provisional disposition suspending the performance of duties on the ground that the Defendant embezzled the Defendant’s property against C. However, C submitted the following bylaws (hereinafter “instant bylaws”) and asserted that the term of office of the Chairperson was a final position, and the said application was dismissed.

(Seoul District Court Decision 2015Kahap272 dated Dec. 21, 2015). The qualifications of members of the plenary session under Article 4 (Qualifications for Members) of the H An Anol Association Rule are Im subsequent descendants who can faithfully perform Article 2 of the rules of the Association, and are the fourth degree of son and sibling and their lineal ascendant and descendant of all son and descendant, who are born based on K of the Jeonnam-gun Military Association.

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