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(영문) 대전고등법원 2014.12.31 2013나5679
종중총회결의무효확인
Text

1. Revocation of a judgment of the first instance;

2. Ascertainment that the resolution of the clan General Meeting dated December 9, 2012 by the defendant is invalid.

3...

Reasons

1. Basic facts

A. The defendant is a clan that is formed by descendants by taking the status of the defendant as the party Eul as a middle group, and the plaintiffs are the members of the defendant's clan.

B. Resolution 1) On July 8, 2007, the defendant held a clan general meeting with F on July 8, 2007, and the defendant held a clan general meeting. The above general meeting made a resolution that "to appoint G as the representative of the defendant, and the defendant confirmed all the procedural acts conducted by the representative G in the lawsuit (Seoul District Court Decision 2007Gahap6127) claiming ownership transfer registration on the ground of the termination of title trust filed against the plaintiff C with respect to various lands, including the 43,532m2 square meters of H-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, for the reason of the termination of title trust (Seoul District Court Decision 2007Gahap6127)."

B) On August 27, 2008, the defendant was ruled against the Daejeon District Court on the ground that the defendant was not unemployed at the time of the above title trust with respect to the plaintiff C. However, the appellate court (Seoul High Court Decision 2008Na8506) rendered a favorable judgment on the ground that the defendant was in fact at the time of the above title trust, and that the above land was in title trust with the plaintiff C. The Supreme Court (Seoul High Court Decision 2009Da17363) subsequently reversed the above judgment of the appellate court on July 23, 2009 on the ground that "the defendant's annual appellant is not F.I., it is not legitimate to convene the general meeting, and the above decision of the appellate court on July 8, 2007, which was convened by F. 207, on the ground that the above decision of the appellate court on July 11, 2009, which was reversed by the defendant's convening the above special general meeting as the defendant's owner of the above case.

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