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(영문) 서울고등법원 2019.04.19 2018나2055747
임시총회결의 무효확인의 소
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

With respect to this case cited by the judgment of the court of first instance, the reasoning of this court shall be cited by the main text of Article 420 of the Civil Procedure Act, inasmuch as the reasoning of the judgment of the court of first instance is the same as that of the following, in addition to the addition or addition of the judgment in the court of first instance, according to

As to whether or not the suspension of qualification and the loss of eligibility for election in Part 2C from Part 5 to Part 1 in Part 6 of the Decision of the first instance shall be stated as follows:

2) As to whether C’s suspension of a clan member’s qualification and forfeiture of the eligibility for election, a clan is a naturally occurring group of family members, which aims at the protection and religious services of the graves of the common ancestor, friendship among its members, and friendship among its members, and the descendants of the common ancestor naturally become its members when they become majority regardless of their will, and if the clan has been engaged in continuous activities with an organization to the extent represented by a representative elected in accordance with the rules or customs of the clan and is engaged in continuous activities, the organization as a non-corporate group is recognized.

In light of the nature and legal nature of a clan, it is not allowed for a clan to take a disposition that infringes on its unique and basic rights with respect to its members (see, e.g., Supreme Court Decisions 2004Da47024, Oct. 26, 2006; 2009Da26367, Dec. 24, 2009). In this case, the fact that the defendant is a clan that is a joint ancestor of DC E's 11 years old, is the defendant's 11 years old, and according to the statement of Gap evidence No. 2, Article 22 of the Criminal Part No. 6 of the Articles of Incorporation of the defendant clan provides that Article 22 of the Criminal Part No. 6 of the Criminal Part No. 22 of the defendant clan shall be a person who has caused suspension or loss of qualifications and damages to its property or has caused the honorary plenary session to its members inside and outside the country.

A member who commits an act that may interfere with the discussion of his/her service may be excluded from the representative and the head of door.

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