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(영문) 서울북부지방법원 2015.10.14 2015가합20661
종중총회 결의 무효 확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant is a clan that makes D (E's 13 years of age) a joint set of F with a lineal ascendant and descendant of 5 years of age, and the plaintiff is its member.

B. Around October 25, 2012, G notified the Defendant’s senior citizens of the instant case that “the appointment of executive officers, the draft rules, the resolution of the previous board of representatives and the temporary general meeting, and the ratification of the former president’s partial performance of duties,” as the case at issue, G notified the Defendant’s senior citizens of the holding of a provisional general meeting on November 4, 2012.

C. At the time, the defendant clan was in conflict with the members of the clan supporting the previous representative of H (hereinafter “H”) and the members of the clan supporting I (hereinafter “the members of the clan”). However, the resolution was adopted that “The members of the I and the members of the I, who were not members of the I, shall be elected as the chairperson and confirmed the part of the former executives, including the appointment of the executives and representatives, who were appointed as the chairperson, and the resolution was adopted that “The members of the I and the I, from 12:20 to 12:45 to 12:45 to 12:45 to 1, separately proceed with the temporary general meeting elected by the chairperson of the Defendant.”

(hereinafter “instant resolution”) D.

At the time, on April 9, 2011, the Defendant filed a lawsuit claiming the implementation of the procedure for registration of transfer of ownership due to the cancellation of title trust against the descendants of the clan who owned the land owned by the clan as Suwon District Court No. 2011Gahap7553, and the implementation of the procedure for registration of cancellation against the clans who did not have any entity that completed the registration of transfer of ownership falsely, and filed a lawsuit claiming the implementation of the procedure for registration of cancellation against the clans who did not have any entity that completed the registration of transfer of ownership. However, the Defendant stated that G was a legitimate representative, but the instant resolution was corrected on May 16, 2013.

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