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(영문) 광주지방법원 2016.07.05 2015가단24305
대여금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Judgment on the Defendant’s main defense

A. (1) The plaintiff's assertion by the parties (1) The plaintiff's door did not exist before the general assembly on March 28, 1994, and the plaintiff's door does not have any substance as a clan with a unique meaning as an organization in document arranged by the need for purchase of real estate, and therefore, it does not have any substance as a clan with a unique meaning.

(B) The ordinary meeting held on February 19, 2015 (hereinafter “instant ordinary meeting”) that appointed C as the representative of the Plaintiff’s literary meeting (hereinafter “instant ordinary meeting”) is null and void due to the defect in the convocation procedure. Thus, the instant lawsuit is unlawful as a lawsuit instituted by a person other than a legitimate representative.

(2) The Plaintiff’s literature is a clan of its unique meaning.

(B) The election of the representative of the Plaintiff’s literature meeting is a resolution of the general meeting, which is not an extraordinary general meeting, so it is required to pass a resolution with at least 2/3 of the members present (Article 6 subparag. 4 of the Rules). It is recognized that the Plaintiff’s literature did not go through the convocation procedure regarding the instant general meeting

However, in the case of the plaintiff's literature meeting, since there was a practice held in the presidential meeting every year, the resolution is legitimate, even if it does not go through a separate procedure such as convening a convocation notice, if it complies with the affirmative condition of 2/3 of the above participants.

Therefore, the defendant's above assertion is without merit because there is an unanimous consent of all eight persons present at the time of the general meeting of this case.

B. (1) The unique meaning of whether the plaintiff's literature is a clan unique to its own meaning does not require a special organization as a naturally created family organization for the purpose of the protection of graves, religious services, and friendship among the members of a common ancestor. Among the descendants of a common ancestor, adult male is naturally a member of the common ancestor, and some of them cannot be arbitrarily excluded from its members. Thus, only some of the clans residing in a specific area or the clans of a specific port are members of the common ancestor.

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