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(영문) 광주지방법원 2016.05.12 2015가합58510
종중결의무효 확인의 소
Text

1. The part demanding a resolution of the general meeting among the instant lawsuit shall be dismissed.

2. The Defendant at an extraordinary clan meeting on May 31, 2015.

Reasons

1. Basic facts

A. The parties concerned are the descendants of G, the fourth 16th son of E, consisting of residents of the Republic of Korea (hereinafter “Defendant clan”), and the plaintiffs, non-party H, and I are the descendants of J, the third son of G.

B. Defendant clan 1 is in violation of the resolution of the head of the Defendant clan and H and I’s resolution) Defendant clan is 17,157 square meters (hereinafter “the forest of this case”) in Gwangju North-gu, Gwangju-gu.

(2) As the instant forest land was changed from the natural green area to the general green area, the instant forest land was sold. Accordingly, on January 12, 1992, a general general meeting was held to sell the instant forest land. From among the seedlings in the instant forest land, the tombstone of G’s upper lines among the seedlings in the instant forest land is 50,380 square meters of the land owned by the Defendant clan (hereinafter “K forest”).

) On the other hand, the tombstones of the non-Korean clan 88,066 square meters (hereinafter referred to as “L forest”) shall be the Masan-gun, the ownership of the Defendant clan.

(2) On September 2003, after the resolution to transfer the forest of this case was passed, H sold the forest of this case. 2) On November 2, 2003, H and I, unlike the contents of the above resolution on November 2, 2003, moved the grave of H-5, 4, 3, and 3, and one funeral funeral for his parents (hereinafter “the grave of this case”) from the forest of this case to the K forest of this case.

C. Defendant clan’s decision 1 on November 15, 2003 to distribute the proceeds from the sale of the forest land of this case to its members by holding an extraordinary general meeting on November 15, 2003, and the detailed criteria for the distribution of the forest land of this case was determined at the general meeting of all its members and approved by the general meeting. On March 1, 2004, the general meeting was held on March 1, 2004, and the Regulations on the Prohibition of Distribution of C clans prepared by all its members through the Committee for Promotion of Class Prohibition of Distribution of Religiouss (hereinafter “the Regulations”).

(2) The provision of this case was resolved upon. (2) The person eligible for the payment of the final amount distribution is a person born before December 31, 1985, among the 16th G descendants of Article 3 E of the Final Rule 16th G, and is still alive on January 1, 2004.

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