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(영문) 서울동부지방법원 2015.02.06 2013가합17771
종중총회결의무효확인
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The defendant is a clan consisting of descendants who jointly set up G, consisting of four of the IAP, JAP, KAP and LAP. The plaintiffs are all the members of the defendant.

B. (1) On March 19, 2012, May 3, 2012, and May 30, 2012, the Defendant issued a three-year disciplinary measure against M, N, P, Q, Q, R, S, T, U,V, W, X, based on Article 3 subparag. 3 and 4 of the Defendant’s Covenant, with respect to M, N, P, P, P, Q, Q, M, V, X, and the Defendant’s subordinate members, respectively (hereinafter “each of the instant disciplinary measure”).

(2) Subsequent to June 14, 2012, the Defendant released the disciplinary action against Y by the board of directors held on June 14, 2012.

(3) Plaintiff B, E, F, and M, N, P, Q, R, T, T, U,V, W, and X (hereinafter collectively referred to as “instant disciplinary measure”) filed a lawsuit against the Defendant for the invalidation of the disciplinary measure or the resolution of the disciplinary measure against the Defendant (Seoul East East District Court 2012Gahap10193, Seoul East District Court 2012Gahap13048), the above court rejected all of the instant disciplinary measures against the Defendant except for X among the instant disciplinary measures. Since each of the instant disciplinary measures violates the Defendant’s inherent nature and fundamental rights, the Defendant released all of the instant disciplinary measures against the Defendant, following each of the instant disciplinary measures against the Defendant.

C. Meanwhile, the Defendant on March 29, 2012.

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