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(영문) 수원지방법원여주지원 2015.11.12 2014가합11573
종중총회결의무효확인 청구
Text

1. Of the instant lawsuit, “the amendment of the 1.1. clan Regulations” and “2. clans” made by the Defendant at the extraordinary general meeting on March 22, 2014.

Reasons

1. Basic facts

A. The status of the parties is that the defendant is a clan that sets up the five descendants of Dock E in common, and the plaintiff is a clan member of the defendant's clan.

B. Each resolution of the general assembly of the defendant clan (1) held on March 22, 2014 by the general assembly of the defendant clans (1) and H issued a notification for convening the general assembly of the defendant clans. Accordingly, on March 22, 2014, the defendant clan held an extraordinary general assembly of the defendant clans to amend the Articles of Incorporation of the defendant, and appointed the chairperson as the chairperson of G, I, J, K, L as the vice-chairperson, M, N as the auditor, and nine directors, respectively; the defendant clans land owned by the defendant clans, receive the relevant compensation, and delegate all the authority to receive compensation to the chairperson.

(2) The above G, H, and C jointly signed a notice for convening an extraordinary meeting of the Defendant clan on October 4, 2014. Accordingly, the Defendant clan held an extraordinary general meeting on October 4, 2014 and amended the Defendant’s Articles of Incorporation with the resolution of ratification of the extraordinary meeting of March 22, 2014. The president appointed G as the president, G, I, J, K, L as the vice president, M, N as the auditor, and nine directors, respectively. The Defendant clan sold the land owned by the Defendant clan to the State, received the relevant compensation, and delegated all the rights to receive compensation to the president, and the Defendant clan shall grant C temporary power of representation to proceed with the litigation to recover the property owned by the clan, incidental procedures, and affairs concerning the receipt of compensation.

(hereinafter referred to as “second resolution”). 【Unsatisfying the ground for recognition】 【Unsatisfying the dispute, Gap evidence Nos. 1, 4, 17, Eul evidence Nos. 24, 25 (including the number; hereinafter the same shall apply), witness P’s testimony, and the purport of all pleadings

2. Of the instant lawsuit, the ratification of the resolution on the receipt of compensation for the expropriation of land owned by the Defendant, which is the resolution on the extraordinary general meeting as of October 4, 2014, which was adopted on March 22, 2014 by the Defendant at the extraordinary general meeting as of October 4, 2014, and the said resolution.

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