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(영문) 전주지방법원 2021.02.17 2020가합1874
총회결의무효확인 등
Text

All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in accordance with the evidence set forth in Nos. 1, 2, 3, 4, 9, 10, 11 (including branch numbers; hereinafter the same shall apply) and the evidence set forth in Nos. 11, 42 and the whole purport of the pleading as a whole:

A. The defendant is a clan consisting of descendants after jointly setting C C'D' into a common line.

B. On April 12, 2014, the Defendant held an extraordinary general meeting. A total of 90 persons present at the said general meeting (12 persons directly present, 78 persons present) and made a resolution on the agenda in the attached Table 1 (hereinafter “resolution 1”).

The defendant's rules amended by the first resolution (hereinafter referred to as "the rules of this case") have the following provisions:

Section 2. The offices in this Chapter shall be established in Kim Jong-si.

Article 19 The regular meeting of the clans shall be the 5th day of May in each year.

Article 22 The quorum of all clan meetings shall be the number of members present, and shall be decided with the consent of a majority of the number of members present, but if the number of members is equal, the representative shall determine it.

(c)

On May 5, 2014, the Defendant held an extraordinary general meeting, and 18 persons in total attended the said general meeting and made a resolution on the agenda in attached Form 2 (hereinafter “Resolution 2”).

(d)

On May 5, 2019, the defendant held a general meeting without undergoing a separate convocation procedure in the city Kim Jong-si, and 52 persons present at the above general meeting (nine directly present, 43 proxy submission). The above general meeting in 2019 shall elect F as the representative of the defendant, and shall apply for the disposition of the fixed price for payment of compensation for the clan land, and shall make an application for registration of the clan land, and shall delegate all the authority concerning the criminal litigation against the clan citizens to the F elected as the representative, and shall delegate all the authority concerning the regular settlement of accounts and approval for the use of the clan accounts. However, the plaintiff filed a lawsuit to confirm the invalidity of the above general meeting resolution with the Jeonju District Court 2019 as 3423, Jan. 1, 2020.

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