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(영문) 수원지방법원 여주지원 2017.01.18 2016가합409
종중회장지위확인및종중소유유체동산인도
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The status of the parties 1) The defendant clan is a clan that is a joint ancestor of D's six years of age, and the defendant clan is under its jurisdiction, and there are the F's family, G's family, H's family, I's family, J's family, and K's family members. 2) The plaintiff and the defendant C are the members of the defendant clan, and the plaintiff is the auditor of the defendant clan from November 23, 1995 to November 28, 2008, and the defendant C is the general director of the defendant clan from October 31, 2011 to October 31, 201.

B. On February 12, 2011, the Defendant clan held a general meeting of shareholders and the lawsuit seeking confirmation of invalidity of the resolution of the above general meeting of shareholders (1) on February 12, 201, the Defendant clan held a general meeting of shareholders in 2011 from N restaurants located in the Gyeonggi-si M, which was the Chairperson at the time of February 12, 201, and held a general meeting of shareholders in 201, and “part of the clan Regulations”, and the resolution of the following: “O as the chairperson, the vice president, Defendant C as the Defendant C, the Defendant C as the general secretary, P as the director, QRLUTVX, and the appointment of the Z as the auditor” (hereinafter “resolution of the general meeting of shareholders in this case”).

(2) The Defendant clan filed a lawsuit seeking confirmation of invalidity of the resolution of the general meeting of shareholders on February 12, 201 as the instant court 201Gahap961 on February 12, 201, on the ground that the procedures for convening the general meeting of shareholders were defective, and this court rendered a judgment accepting the claim of AA on October 13, 201, on the ground that “the resolution of the general meeting of shareholders on February 12, 2011 was held without a notice for convening a notice for some clans,” which was held on February 12, 2011.

3) Defendant clan is dissatisfied with the above judgment of the first instance court and appealed to Seoul High Court No. 201Na92444, and on January 28, 2012, the said N restaurant held an extraordinary general meeting and ratified the resolution of the general general meeting of February 12, 201 (hereinafter “the resolution of the general meeting of January 28, 201”)” (hereinafter “the resolution of January 28, 2012”).

(4) The Seoul High Court, which was the appellate court, held on June 13, 2012, was part of the ordinary meeting held on February 12, 2011.

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