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(영문) 서울고등법원(춘천) 2016.03.30 2015나1777
임시종중총회 결의 무효 확인
Text

1. Revocation of a judgment of the first instance;

2. Ascertainment that the Defendant’s resolution at an extraordinary general meeting of April 27, 2014 is invalid.

3...

Reasons

1. Basic facts

A. On October 24, 1994, the defendant clan submitted the clan B Rules (No. 26, hereinafter "the Rules of this case") enacted on January 5, 198 when it applied for the registration number of a clan for the registration of real estate at the home of her own.

The main contents of the instant rules are as follows.

The second session shall be comprised of C's after-the-arts residing in Korea, whose residence is definite, as members.

The resolution of the plenary session under Article 22 shall consist of two-thirds or more of its members, the affirmative votes of the majority of its members, and the resolution of the board of directors shall require the affirmative votes of two-thirds or more of its members

B. C was adopted by Z, E, AB 4 children, and D, the same children of C, which led to Section A, due to C’s failure to have children, 2 South E became adopted by Section D.

At present, F, the representative of the defendant clan, is the descendants of E between adoption, as above, D.

(hereinafter referred to as “D’s subsequent losses”). (c)

Defendant clan held an extraordinary general meeting on April 27, 2014, according to F’s convening an extraordinary general meeting, and decided to appoint F as the chairperson of the Defendant clan at the above extraordinary general meeting, interpret the instant rules of the clan as well as D’s descendants with respect to the scope of Defendant clans, and revise the articles of association with the interpretation as above.

(hereinafter referred to as the "resolution of this case"). 【No dispute exists, entry of Gap evidence Nos. 1, 4, 5, Eul evidence Nos. 1, 7 through 9, 12, 13, 21 through 24, 26, and 31 (including serial numbers; hereinafter the same shall apply), each statement of evidence No. 1, 4, and 5, and the purport of the whole pleadings.

2. The summary of the plaintiff's argument is that the defendant clan is a common ancestor, and the resolution of this case is arbitrarily expanding the qualification of the members of the defendant clan to the descendants of the defendant clan, and it is contrary to the essence of the clan, not the descendants of C, but the descendants of D, who are not descendants of G, shall attend the resolution of this case and elect F, who is the descendants of D, as the representative of the defendant clan.

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