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(영문) 대전고등법원 2020.06.04 2020나11740
종중총회 결의 무효
Text

1. Of the judgment of the court of first instance, a resolution of appointment of a general secretary for E at a clan on November 3, 2016, and (2) an auditor for S.

Reasons

1. The plaintiffs in the scope of the adjudication of this Court confirmed that the resolution of the clan General Meeting held by Defendant C on November 3, 2016 against the defendant is null and void, and they filed the lawsuit in this case against the co-defendant D of the first instance court among the defendant C, seeking a judgment that the chairperson and the co-defendant E of the first instance court shall not perform the general duties, and the first instance court has pronounced a judgment dismissing the lawsuit.

The Plaintiffs filed an appeal against the entire judgment of the first instance, and withdrawn an appeal against D and E on September 3, 2019 at the first date for pleading of September 3, 2019.

On November 3, 2016, among the resolution of the clan general meeting held by Defendant C on November 3, 2016, the part on appointment of operating members, ② the part on appointment of general affairs to E, ③ the part on appointment of auditors to S, ④ the part on ratification of the resolution on sale of forest land of Sejong Special Self-Governing City P, and ④ the part on ratification of the resolution on sale of forest land of 1,543 square meters was deemed null and void, and the remaining appeals by the Plaintiffs were dismissed on November 3, 2016.

On November 3, 2016, the Supreme Court appealed against each part of the judgment against both the plaintiffs and the defendants. Among the part against the defendant in the judgment against the defendant prior to remand, the Supreme Court reversed the part of the claim for nullification of each of the confirmation on the sale of forest land of Sejong Special Self-Governing City 1,543 square meters and remanded this part to the court. On November 3, 2016, the remaining appeals by the defendant's remaining appeals, the part of the resolution against the defendant in the resolution against the defendant in the judgment against the defendant in the judgment against the defendant in the judgment against the judgment of the defendant in the trial before remand, ① the resolution to dismiss the R from the president, ② the resolution to appoint auditors, ③ the resolution to confirm the part of the resolution to appoint D as the president.

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