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(영문) 대구지방법원안동지원 2019.01.31 2018가합3257
종중총회결의무효확인등
Text

1. The Defendant’s resolution on the extraordinary general meeting of November 18, 2017 and the resolution on the extraordinary general meeting of March 11, 2018 confirm that all of the resolutions are null and void.

Reasons

1. Basic facts

A. 1) The Defendant is in the middle of making D City E’s 20 years of age a joint ancestor, and the Plaintiffs are clan members of the Defendant. 2) G served as the Defendant’s president from around 1994 to February 2015, and died on March 12, 2017.

The plaintiffs are G grandchildren.

B. The Defendant’s property-related 1) In the permanent residence, H forest land 2583 square meters (hereinafter “instant 1 real estate”).

On September 14, 1994, with respect to the shares of 2584/26083 among the real estate in this case, the registration of ownership transfer was completed in the name of the defendant on September 14, 1994. (2) As to the remaining shares of 199/26083 among the real estate in this case, the registration of ownership transfer was completed in the name of the defendant on October 25, 201

3) A building with an I large scale of 215.2 square meters and the 4th floor above above ground at a permanent residence (hereinafter “instant 2 real estate”).

On February 27, 2015, the registration of transfer of ownership was completed on the grounds of sale as of February 2, 2015 under the Defendant’s name. At the time of the registration of transfer of ownership, the Defendant’s articles of incorporation was amended with the consent of 11 members present at the general meeting of the Defendant on February 5, 2015, and the minutes of the minutes of election of the Plaintiff A, directors J, K, and auditor as the president, and the clan regulations were submitted, and the Defendant’s representative on the register was written A as of November 18, 2017.

2) The Defendant is an extraordinary general meeting on November 18, 2017 (hereinafter “general meeting of November 18, 2017”).

At the above general meeting, the defendant declared that the qualification of the defendant of the plaintiff A is null and void with the majority of the members of the clan (11 members of the clan and six members of the clan delegated with voting rights) and passed a resolution to elect N as the defendant's representative (hereinafter "resolution of November 18, 2017").

(d) Nos. 1 and 1 of this case

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