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(영문) 수원지방법원여주지원 2016.09.28 2015가합11587
종중총회결의무효확인
Text

1. A resolution of Paragraph 5 of the contents of the resolution of the attached clan general meeting held by the defendant on January 30, 2016.

Reasons

1. Basic facts

A. The parties 1) The defendant is a clan which is a joint group of the 5-year-old descendants of H, who is the 13-year-old descendants of H, and has the clans of K, L, M, N, P, P, P, Q, etc. The plaintiffs are the defendant's clans. 2)

B. The Defendant holds a clan general meeting on August 30, 2009 (hereinafter “the clan general meeting of August 30, 2009”) on August 30, 2009 (hereinafter “the clan general meeting of August 30, 2009”).

(2) On August 30, 2009, Plaintiff A, who was appointed as the representative of the defendant by a resolution of the general meeting of clan members from August 30, 2009, on behalf of the defendant, filed a lawsuit claiming the execution of the procedure for the transfer of ownership, etc. on the ground of the cancellation of title trust with respect to the non-owned land other than the non-owned land in Ischeon-si as Seoul Western District Court 2009Gahap13392, but the above court rendered a judgment dismissing the lawsuit on September 10, 2010 to the effect that “A is not a legitimate representative of the defendant, because the procedure for convening the general meeting is defective, and the resolution of the clan clan on August 30, 2009 is null and void.”

3) The Defendant was dissatisfied with the above judgment of the first instance court, and appealed as Seoul High Court 2010Na9516, but the Seoul High Court, the appellate court, sentenced the dismissal of appeal on October 27, 201, and the Defendant again appealed as the Supreme Court 201Da106952, which was dissatisfied with the above judgment of the appellate court, but the Supreme Court, which was the appellate court, sentenced the dismissal of appeal on February 23, 2012. (c) The Supreme Court, which was the appellate court, sentenced the dismissal of appeal on March 18, 2012. The Defendant decided to the general meeting of the clans of March 18, 2012, and the Defendant held a clan general meeting (hereinafter “family general meeting of March 18, 2012”).

In the presence of 323 members of the clan, including the members of the clan who submitted their power of attorney, a resolution of the same contents as the resolution of the attached clan general meeting is made with the consent of all members of the members of the clan.

The defendant's decision was made on November 18, 2012 by the clan General Meeting.

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