logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.05.12 2014나2033619
종중총회결의무효확인
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for this Court’s acceptance of the judgment of the first instance are as follows, and this case is cited by the main sentence of Article 420 of the Civil Procedure Act, except for the modification and addition of the judgment of the first instance as follows.

2. The portion revised and added;

A. On the 3rd page 7-8, the Defendant’s appeal was filed by the Defendant, thereby continuing to file an appeal, and the 3rd page 7-8 amended the “The 3rd page 7-8 case is currently pending” to the effect that the Defendant was dismissed from trial due to the Supreme Court Decision 2014Da5758, Nov. 26, 2014.”

(b)on the 7th page, the following judgments shall be added:

The plaintiff asserts that although N was transferred to P, who is the successor of "O", N was never present at P's technical specifications or vision, Q was not changed to Q's funeral expenses, and P's real estate is not in the position of P as the two, such as succession of P's steering car, and it is not effective of adoption, and the recent amendment was registered as the successor of "G", and therefore, K, J, and L is the defendant's subsidiary.

In light of the above legal principles, if N was entered in the family register as a result of the entry of P in the family register, it is presumed that N was lawfully transferred in accordance with the custom at the time, unless there are other special circumstances, and since he could not be dissolved after a few households have passed since N was deceased, his subsequent descendants could not be dissolved. Thus, since N was revised to register N as a post-child, it cannot be deemed that N was part of the defendant's family register to which the birth father belongs, and whether N did an act as the adopted child does not affect the status or effect of the adopted child.

The plaintiff asserts that N's withdrawal into P is null and void on the ground that it does not have the effect of adoption, and therefore, according to the statement of No. 37-1 and No. 37-2, N (the birth in 1918, the death in October 1965).

arrow