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(영문) 인천지방법원 2016.07.12 2016가합338
종중총회무효확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The clan C (hereinafter referred to as the "C clan") is a clan comprised of descendants for the purpose of religious services, religious services, and the protection of graves for the 9-year-old descendants of D, and the defendant is a clan comprised of descendants for the purpose of religious services, religious services, and the protection of graves for the 15-year-old descendants of D.

B. A clan is a higher clan of the defendant, and the plaintiff is not a member of the clan C or a member of the defendant's clan.

C. The provisions for the clans and the defendant's clans related to the holding of the ordinary general meeting are as follows:

[C] The General Assembly of Article 12 (General Meeting) consists of the ordinary and general meetings.

1. An ordinary general meeting shall be held once every two months;

Article 31 The operation of the clans after the gold of this Article shall, notwithstanding the clans, apply mutatis mutandis to the clans B by applying the clans.

1. The general meeting of the clans of this clan after the gold shall be held at the same time as the ordinary meeting of the clans B;

2. The election and terms of office of the officers of the clan B after the gold shall apply to the election and terms of office of the clan B;

3. Where the clans of the clan B after the gold are revised, the clans of the amended clans shall apply mutatis mutandis.

[Defendant] Article 15 (Convocation of General Meeting) (1) An ordinary general meeting shall be held at the clan clans' office after October 4 of each year.

C A clan concurrently holds the status of executive officers of the defendant in accordance with the above clans, the C clans and the defendant's general meetings are held together, and other clans are jointly held by the C clans and the defendant.

E. On November 15, 2015, a clan and the Defendant’s clan general assembly (hereinafter “instant clan assembly”) were held in the Defendant’s clan in the name of “C/B clan”.

[Recognition] Facts without dispute, entry in Eul's Evidence Nos. 1 to 3 (including branch numbers in the case of additional number), the purport of the whole pleadings

2. The parties' assertion

A. The summary of the Plaintiff’s assertion held the instant clan general meeting around November 15, 2015, thereby holding the C clan general meeting and the Defendant’s general meeting.

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