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(영문) 대전지방법원홍성지원 2017.07.13 2016가합384
종중총회결의무효등확인의 소
Text

1. Of the instant lawsuit, there is no resolution of the general meeting of the clan of January 31, 2009 and May 26, 2013 among the instant lawsuit by Defendant B.

Reasons

1. Basic facts

A. G is H (Im, hereinafter “Im”) 15 years of age, and later includes J (16 years of age), K (17 years of age), L, M, N (18 years of age).

B. Defendant B’s clan (hereinafter “Defendant B”) is a clan consisting of descendants of G (15 years of age) and Defendant C’s clan (hereinafter “C”) is a clan consisting of descendants of K (17 years of age).

Defendant D's clan (hereinafter "Defendant D') is a clan consisting of descendants of L (18 years of age) and Defendant E's clan (hereinafter "Defendant E') is a clan consisting of descendants of M (18 years of age).

C. The Plaintiff is a clan member of Defendant B, C, and E.

(The defendant asserts that the plaintiff is not a member of the clan, but the subsequent argument is without merit).

F argues that the F is elected as the representative of Defendant B, E, or the representative who manages the real estate owned by the above clans as follows:

1) A resolution of appointment of a representative at the clan General Meeting of May 13, 2009, among Defendant B, (2) a resolution of appointment of a representative at the clan General Meeting of January 23, 2013, among Defendant B, and a resolution of appointment of a representative who shall take the procedure for registration of change of a representative with respect to each real estate listed in attached Tables 6, 7, and 9, at the clan General Meeting of January 23, 2013, and the real estate listed in attached Tables 1, 2013, shall be adopted.

E. On January 30, 2013, F completed the registration of change of indication by changing the representative of a clan to itself with respect to the real estate for which the registration of change of ownership was completed in the name of Defendant B and E among the following:

1) The real estate listed in attached list No. 1: The real estate listed in the attached list No. 2 through No. 5 and No. 8 due to the change of the representative of Defendant E on January 23, 2013: The change of the representative of Defendant E fromO to F on January 23, 2013; and the representative of Defendant B fromO to F on January 23, 2013.

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