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(영문) 수원지방법원 2017.01.17 2015가합7193
재산분배결의무효확인
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

Basic Facts

The plaintiff (appointed party, hereinafter referred to as the "Plaintiff") and the designated parties are female members of the defendant.

On July 10, 2015, the Defendant sold KRW 5,647,00,00,000 to Pyeongtaek-si Development Co., Ltd. a forest of KRW 13,733 square meters and KRW 1,825 square meters prior to D (hereinafter “instant land”).

In a special meeting held on November 14, 2015, the Defendant passed a resolution that the sales price of the instant land would be equally distributed to all of the clan descendants and male and female workers who are registered as children born by the remaining date.

Around November 14, 2015, the Defendant’s clans had a total of 214 members. Among them, the number of adult male, adult female, and minor clans were 86, 91, 37 each, and the number of minor children among adult male clans was 21.

[Grounds for recognition] In the absence of dispute, Gap evidence Nos. 1 and Eul evidence Nos. 1 and 2 (including all of the numbers of evidence), and the gist of the plaintiff's assertion of the purport of the whole pleadings, the defendant adopted a resolution to distribute the purchase price equally to all male and female workers. However, since the distribution of property to minor children is actually a distribution of property to male and female members who are actually their father, and the result is not a distribution of the shares to other minor children, the above resolution is null and void because it is a resolution to discriminate against female clans against male and female members without reasonable grounds.

The legal principles on the invalidity of the resolution of a clan general meeting are unique to the members of the clan, in view of the nature of the clan naturally that is formed by a naturally created clan group with the aim of protecting the graves of the common ancestor, promoting friendship among its members, etc., and the descendants who share their common ancestor with their common ancestor origin regardless of their intention, if they naturally become majority regardless of their intention, the contents of the resolution of the clan general meeting on the distribution of the clan property are remarkably unfair or are in contravention of good morals and other social order, or the members of the clan are unique.

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