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(영문) 대전고등법원 2015.08.26 2014나1995
종중총회결의부존재확인
Text

1. Of the judgments of the first instance court, the part against the defendant in the judgment shall be modified as follows:

The plaintiff's primary claim.

Reasons

1. Basic facts

A. 1) The Defendant is a clan that made the descendants of R Q 14 years old as its clan members. R was composed of head-nam S, Q 14 years old, and Q 14, but the Plaintiff was a vice-chairperson of the Defendant’s clan, and the Plaintiff was a vice-chairperson of the Defendant’s clan, and as the president of the Defendant’s clan died on May 25, 2013, on behalf of the president at around that time.

B. On August 14, 2013, the term of office of the executive officers of the defendant clan 1) on or after the expiration of August 14, 2013, the plaintiff called an extraordinary general meeting of this case, stating that "(i) the review of bylaws, (ii) the election of executive officers, (iii) the expropriation of X antenna (government compensation), (iv) the lease of the road (money) the ZGun Office, (iii) the lease of the road (money), and (iv) the other agreement, shall hold the general meeting of the defendant clan 1 with the executive officers of the defendant clan 10:0 on August 18, 2013, the plaintiff called an extraordinary general meeting of this case (hereinafter referred to as "the special meeting of this case"), and that "IEM 1 et al., who had held the general meeting of this case, shall not be accepted to the effect that "IEM 1 et al., who shall convene a prior consultation with the members of the defendant clan 10:00 on the general meeting of this case."

3) However, according to the overall purport of the statements and arguments by evidence Nos. 2-1, 2, and 8-4 of the letter of delegation submitted in the conference room, the power of attorney AK, AL, and AM among the power of attorney in the letter of delegation submitted in the letter of delegation submitted in Chapter 84 is acknowledged to have been submitted to AD as a mandatory agent even though the above mandator participated in the general meeting of this case. Thus, only the power of attorney in Chapter 81 except for the power of attorney in the letter of delegation in the above Chapter 3 is legitimate.

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