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(영문) 서울고등법원 2019.08.14 2018나2052847
임시총회결의무효확인
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Defendant’s substance of the Defendant clan consists of descendants using “H”, which is 14 descendants of “G” in AFC Si, as joint lines. The descendants are mainly engaged in activities to utilize the AH large 2,043 square meters (a part of them was later divided into AI large 1,431 square meters) and several parcels of land, which were mainly located in the AG Dong, Gwangju-si, Gwangju-do, in which they live in the GGdong, and registered as the property of the Defendant in the name of the Defendant.

B. On November 29, 2015, Plaintiff E, N, B,O, P, Q, etc. held a “executive meeting” for the establishment of a clan in the clan branch located in Gwangju City on November 1, 2015. At the above executive conference, N was elected as the temporary president of the Defendant’s temporary president at the above executive conference, and Plaintiff E was elected as a temporary general secretary. 2) On November 24, 2015, Plaintiff E issued a notice to call for the convening of a “general meeting” to the Defendant’s members of the clan branch located in Gwangju City on November 29, 2015.

3) Accordingly, on November 29, 2015, the 14 general assembly was held and 14 members directly attended, and 13 members submitted a written resolution. The above general assembly approves the clan articles of incorporation (hereinafter “instant articles of incorporation”).

(3) On November 1, 2016, Plaintiff E was elected as the president of the clan, and N was elected as the secretary general. The N issued a notice of convening an extraordinary general meeting for the removal of Plaintiff E from office as the president of the F clan in the name of “R and F clan” to the Defendant’s members from office in the name of “R and F clan” to the Defendant’s members.

2) Accordingly, the General Assembly held on November 9, 2016 (hereinafter “General Assembly”)

The resolution was made to dismiss the plaintiff E from the clan chairperson and appoint S as the clan chairperson. [Grounds for recognition] There is no dispute, Gap Nos. 1 through 5, 7, 8, 10, 12, 13 (including the branch number; hereinafter the same shall apply)

. B.

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