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(영문) 대전지방법원 2018.07.11 2017가합105696
종중대표자(문장)권한부존재확인
Text

1. The part against Defendant C among the Plaintiff’s instant lawsuit is dismissed.

2. The plaintiff's family council against defendant B.

Reasons

Basic Facts

Defendant B clan (hereinafter referred to as “Defendant clan”) is a naturally created clan consisting of descendants who jointly set up the 40 clans D and D, and both the Plaintiff and Defendant C are the clan members of the Defendant clan.

The non-party members of the defendant clan, the non-party members of the defendant clan, were the male F and the male G, but the defendant clan was divided into the non-party members of the non-party members and the non-party members of the non-party members, so dispute has been pending as to the representative of the defendant clan and the qualification

The defendant clan notified the members of the clan of convening an extraordinary meeting as his/her member of the clan on November 17, 2013, and decided to elect H as the representative of the defendant clan and to revise the rules of the defendant clan at each extraordinary meeting held on November 17, 2013. He/she again notified H of convening an extraordinary meeting on May 23, 2014, and passed a resolution to ratification the resolution for convening an extraordinary general meeting on November 17, 2013 at the extraordinary general meeting held on May 23, 2014.

On November 26, 2015, at a general meeting of shareholders held on November 26, 2015 (hereinafter referred to as the “general meeting of shareholders”), Defendant C passed a resolution to elect Defendant C as a new clan representative.

(hereinafter referred to as the "resolution of this case"). 【No dispute exists, Gap Nos. 1 and 4 (including each number; hereinafter the same shall apply), the plaintiff's assertion of the purport of the whole pleadings, and all of the plaintiff's arguments, do not hold an ordinary general meeting during this period. The general meeting of this case is held without a notice of convening a regular meeting for some members of the clans, and it was held with some members of the clans present at the ordinary meeting, and H puts their signatures and seals on the minutes even though H did not attend the ordinary meeting, so the resolution of this case was made at the general meeting which becomes null and void due to procedural defects.

The Defendants asserted that the Plaintiff is not entitled to file the instant lawsuit, since the instant resolution adopted against 13 members of the clan, including the Plaintiff, was subject to suspension of qualification for 3 years.

However, the evidence No. 4 and No. 3-2 are as follows.

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