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(영문) 서울중앙지방법원 2016.09.01 2016가합3701
족보제작금지 등
Text

1. The plaintiff A's lawsuit shall be dismissed.

2. The plaintiff B's claims are all dismissed.

3. The plaintiff among the costs of lawsuit.

Reasons

1. Basic facts

A. Plaintiff A’s clan (hereinafter “Plaintiff A’s clan”) is a clan that jointly sets up Plaintiff A’s 49-year-old damage G, E, and Plaintiff B’s clan (hereinafter “Plaintiff B”) is an affiliated clan of Plaintiff A, the members of which are seven-year-old descendants of G, and the members of Plaintiff B (hereinafter “Plaintiff B”) are the clans of Plaintiff A, the members of which are the members of G.

G and H are both 42 years of age of F, F, I's descendants.

B. On November 1, 1958, the Defendant’s Good-Friendly J produced and distributed Kicebook (attached Form No. 4; hereinafter “instant family newsletter”) as set out in the Si of Si (1) by I (1).

The instant supplementary table contains three children, such as M, N, andO, who are six-year-old descendants (I's 18-year-old grandchildren) of H, and indicated that N andO's descendants have led to the movement until now.

2. Judgment on the defendant's main defense

A. Defendant’s main defense and Plaintiff A’s assertion 1) The Defendant asserts that Plaintiff A’s main defense and Plaintiff A’s main lawsuit are unlawful as they were brought by a non-representative D. 2) As to this, Plaintiff A’s main lawsuit were elected as Plaintiff A’s president at the ordinary general meeting held on November 21, 2014. As such, Plaintiff A’s main defense and Plaintiff A’s main lawsuit are asserted to the effect that Plaintiff A has the power of representation in Plaintiff A.

B. Determination 1) The following facts are acknowledged in full view of the respective entries in the evidence No. 5 and the overall purport of the pleadings in the evidence No. 5. A) On November 21, 2014, the Plaintiff-Class A held a general meeting (hereinafter “instant general meeting”) in Q 311 members in P in each City, in order to resolve the agenda relating to the election of new chairpersons and auditors.

In the instant ordinary meeting, there was a disturbance in that it failed to report the audit as a matter of prosecutorial investigation on the former president R from the time of the first half-yearly audit report, and on the ground that S, the chairperson of the election management committee, was related to the purchase and sale of the candidates for the president on the same day and was in bad faith with regard to R, D, T, U, D, T and audit, and part of the candidates who were deprived of their qualifications.

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