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(영문) 광주고등법원(전주) 2015.05.14 2014나2698
종중총회결의무효확인
Text

1. Of the judgment of the court of first instance, the part against the defendant shall be revoked, and all the plaintiffs' lawsuits corresponding to that part shall be revoked.

Reasons

1. In the first instance trial, the Plaintiffs filed a claim for confirmation of invalidity of the resolution on each agenda indicated in the separate sheet at the clan general meeting held by the Defendant on August 22, 2013. The court of first instance dismissed the claim for confirmation of invalidity of the resolution on the agenda indicated in the separate sheet No. 1, and accepted the remainder of the claim.

Since only the defendant appealed against the part against the defendant, the scope of the judgment of this court is limited to the claim for confirmation of invalidity of the resolution as to the bill Nos. 2 and 3 of the attached Table, which is the part against the defendant among the plaintiffs' claims.

2. Facts of recognition;

A. The defendant is a clan established for the purpose of protecting AA, managing the property of a clan, and managing the property of a clan, and promoting friendship among the members of the clan, and the plaintiffs are the clan members of the defendant.

B. On March 27, 2012, the Defendant filed a lawsuit seeking confirmation of the invalidation of the clan General Meeting as of March 27, 2012 at the third floor of the Gwangjin-gu Seoul Special Metropolitan City AE Community Center, the Defendant held a regular board of directors in the presence of two advisers, 14 directors, and one auditor, and passed a resolution on the holding of the general meeting and the election of executives in the year 2012. On April 3, 2012, the Defendant held a general meeting and passed a resolution on the selection of G as the Defendant’s representative at the AA and the AG Branch located in the Nam Branch in the Namyang-si, Nam-si, Nam-gu, Seoul Special Metropolitan City. On April 3, 2012, the Defendant filed a lawsuit seeking confirmation of the invalidity of the clan General Meeting as of April 3, 2012, and filed an application for provisional disposition as the Defendant’s representative seeking the suspension of duties as of the Seoul East District Court.

3 After that, in Seoul Eastern District Court case No. 2012Kahap782, Jun. 15, 2012, "G" is the defendant's representative until the judgment on the claim for confirmation of invalidity of the resolution of the general meeting of shareholders became final and conclusive on April 3, 2012.

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