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(영문) 인천지방법원 2017.04.28 2016가합3566
종중운영자금지원금
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are assessed against C (D) who is represented by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is in the middle of a clan consisting of descendants for the purpose of religious services, happiness, protection of graves, etc. on April 25, 2015. Around August 27, 2015, the Defendant decided on the budget bill that contains operating funds for each branch of a clan at the extraordinary clan meeting held on April 25, 2015, and on August 27, 2015, the board of directors decided on the amount of funds for each branch of a clan by taking into account the number of the branch members (as at least 325 members of the 2,048 registered members of the Defendant, at least 30 million members, and KRW 300,000,000) as indicated in the table below. On August 31, 2015, each branch of a clan shall be the chairperson of each branch of a clan, following due consultation procedures: (i) the agreement to provide funds for operation, (ii) the minutes for filing an application for operation funds, (iv) the list of union members, identification number of members, and copies of the head of a bankbook.

GH IJ L L L L 4.222.5 billion won, 4.4 billion won, 4.3 billion won, 3.5 billion won, and 3.5 billion won.

B. The rules of the clan dated June 8, 1981 set the plaintiff's member of the clan as "A descendants of 20 years of age or older", and S is the same person as E's grandchildren.

C. On September 13, 2015, 200 million won, through U.S. U., submitted to the Defendant an agreement to support the operation fund of a clan, etc., but the Defendant refused to accept the agreement. On May 30, 2016, the Plaintiff’s president C sent documents accompanied by the minutes of the special general meeting among the registered mail around May 22, 2016, but the Defendant returned the same to June 3, 2016.

In the Plaintiff’s name on June 17, 2016, the “Agreement on the Support of Operating Funds among the clans” sent to the Defendant, but the Defendant around June 20, 2016, operated funds on the grounds that the F clans hold an inaugural general meeting and elect executives and manage the members of the clans, etc.

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