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(영문) 수원지방법원성남지원 2015.12.23 2015가합205327
출계손임원선임결의무효확인의 소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The defendant is a clan consisting of male descendants of N24 years old who are 20 years old or older and consisting of male descendants of N24 years old or older for the purpose of the sprinking of the vessel, the protection of graves, friendship among the members, etc., and the plaintiffs are the members of the defendant.

B. The defendant's articles of incorporation concerning the defendant's members are as follows.

Article 3 (Members of the clan) This clan consists of the descendants of N 24 years old, a common ancestor, who are the adult male aged 20 or older, and the descendants of the clan are only the lineal descendants of (P and Q).

C. On October 3, 2013, the Defendant held a meeting of executive officers pursuant to the provisions of the Defendant’s Articles of Incorporation and made a resolution to appoint AB and M as a standing adviser (hereinafter “the instant resolution of appointment”). On November 12, 2013, the Defendant held a meeting of executive officers and reported the above appointment at the ordinary meeting held on November 12, 2013, that L was a resolution to appoint AB and M as a standing adviser.

D, J, K, E, F, and M are lineal descendants of Q, and G, H, I, and L are lineal descendants of P.

Q and P were originally N27 years old, and Q were both lineal descendants of the O, and Q were transferred to AC and P, respectively.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1, 2, 3, and 5 (including branch numbers), the purport of the whole pleadings

2. The plaintiff's assertion that the defendant appointed D as the vice-chairperson, G, H, I, J, K directors, Eul, E, and F as the full-time adviser, L as the general secretary, and Eul as the auditor. However, all of them are P and Q's follow-up descendants (hereinafter referred to as "out-up descendants"), among the follow-up descendants of N24 years old O, as the successor of P and Q (hereinafter referred to as "D, G, H, I, J, K, K, F, L, all of them).

Although the defendant's articles of incorporation stipulate that lineal descendants of P and Q are eligible as a defendant's member, the above articles of incorporation is invalid against the essence of a clan.

Therefore, since the descendants of this case cannot be a member of the defendant, they appointed the descendants of this case as the defendant's officers.

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