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(영문) 서울고등법원 2017.07.07 2016나2072441
종중총회결의 무효확인 청구의 소
Text

1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

purport, purport, and.

Reasons

1. Basic facts

A. 1) E 14 years old F was comprised of eight children including G, H, and I, and among them, G was transferred to J, a F’s private village. 2) The Defendant is a clan similar organization comprised of the foregoing G, H, and I’s descendants during the Kmph, and the Plaintiffs are the Defendant’s members.

B. On January 10, 2016, as Defendant A’s representative, the Plaintiff sent a text message to the Defendant’s members on January 6, 2016 to the effect that “the Defendant will hold the special meeting at a L restaurant located in Pyeongtaek-si M on January 10, 2016.” (2) Plaintiff B attempted to proceed with the special meeting of the Defendant as a social person on January 10, 2016, but failed to proceed with the meeting as an internal disturbance, and the Plaintiffs retired from the meeting.

3) Since then, some members remaining in the conference room continued to conduct an extraordinary general meeting and passed a resolution to appoint D as Defendant’s representative (hereinafter “instant resolution”).

(c) Defendant: (a) held an ordinary general meeting on February 21, 2016 and an ordinary general meeting on November 6, 2016; (b) held a general meeting on February 21, 2016 (third Sundays), and passed a resolution for ratification of the instant resolution to appoint D as Defendant’s representative.

(2) On November 6, 2016, the Defendant: (a) held an ordinary general meeting at an Ocafeteria near N in the Hagjin-si, Chungcheongnam-do; and (b) passed a resolution for ratification of the instant resolution that appointed D as the Defendant’s representative (hereinafter “the second ratification resolution”).

(D) Contents of the Defendant’s Articles of Incorporation 1) The Defendant’s articles of incorporation, which was enforced from March 7, 2004, submitted by the Plaintiffs, was the Defendant’s articles of incorporation No. 1, hereinafter “the Plaintiff’s articles of incorporation”).

(2) The provisions pertaining to the instant case are as follows:

1. Chairman: One person;

2. Two vice-chairpersons;

3. General affairs: One person;

4. Auditor: Two persons (Functions of Officers) shall serve as officers of the principal time in Article 8 (Functions of Officers).

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