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(영문) 대전지방법원공주지원 2016.05.25 2015가합20557
종중결의무효확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Basic facts are the fact that the defendant is a clan consisting of descendants of K's 32 years old L's joint ancestor, and the defendant's clan members present at the general meeting of this case appointed I as the defendant's chairperson, and the facts of the resolution of this case are not disputed between the parties, or acknowledged as Gap's evidence 1 and Gap's evidence 3's evidence 1.

2. Judgment on the main defense of this case

A. The plaintiffs asserted that the resolution of this case is null and void, since the general assembly of this case did not give a notification to female clan members, and thus, there is a defect in the convocation procedure.

In regard to this, the defendant recognized the defects of the convening procedure of the general meeting of this case on January 25, 2016, and resigned from the president. Accordingly, the defendant held a general meeting on February 20, 2016 and appointed N as the president of the defendant's representative on February 20, 2016. Thus, the safety resistance that there is no benefit to confirm that the resolution of this case is invalid.

B. The fact that the judgment I resigned from the Defendant’s representative position on January 25, 2016, and the fact that N was newly appointed as the president at the Defendant’s general meeting held on February 20, 2016 is no dispute between the parties.

Therefore, the Plaintiff’s filing of the instant lawsuit seeking nullification of the instant resolution is merely seeking confirmation of the past legal relationship or legal relationship, and it is unlawful as there is no benefit of confirmation.

3. If so, the instant lawsuit is unlawful and thus dismissed.

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