(영문) 부산지방법원 동부지원 2018.10.11 2018가합102903

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(영문) 부산지방법원 동부지원 2018.10.11 2018가합102903

종중 대표자 지위확인 등

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 an organization established for the purpose of protecting graves, promoting friendship between the deceased and the deceased, etc., and the plaintiff is the head of the defendant's family.

B. The Defendant’s clan C filed a lawsuit seeking confirmation of invalidity of the resolution of the clan General Assembly against the Defendant with Busan District Court and appealed to the Busan High Court. On March 30, 2018, the Busan High Court rendered a voluntary mediation that “the Defendant shall hold a general meeting selected by the Defendant’s representative in accordance with the Defendant’s articles of incorporation on April 22, 2018.”

(J) Busan District Court 2016Gahap44854, Busan High Court 2017Na53616, c).

Accordingly, the defendant, on April 9, 2018, shall convene a general meeting to resolve the agenda to be selected by the representative of a clan on April 22, 2018 to the members of the clan on April 3, 2018.

A notice was given, and on April 22, 2018, a general meeting of 3 p.m. was held. At the above general meeting, members of 253 (42 visitors, and 211 clients) passed a resolution to agree on the agenda on which the Plaintiff is appointed as representative. D, however, the Defendant’s final ground D was that “the Defendant’s general meeting was held on April 22, 2018, and the principal was elected at the above general meeting,” and filed a report on correction of the identification number on April 23, 2018, changing the name of the representative to the principal.”

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 5 (including the case of additional number; hereinafter the same shall apply) and the purport of whole pleadings

2. On April 22, 2018, a person who was duly elected as a representative at the ordinary meeting of April 22, 2018 of the Plaintiff’s assertion is the Plaintiff, D, in collusion with E, has forged the document that he/she was appointed as the Defendant’s representative and reported the correction

Accordingly, the judgment of the court is to report the correction of the identification number of the defendant's representative to the plaintiff.

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