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(영문) 서울고등법원 2017.04.27 2016나2057824
종중총회결의무효확인
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The reasoning of the judgment of the court of first instance cited in the instant case is as stated in paragraphs (1), (2) and (3), and (b) of the reasoning of the judgment of the court of first instance, except as indicated in Paragraph (2) below, since the judgment on the ratification resolution at the extraordinary general meeting of November 12, 2016, which was newly asserted by the parties in this court, is identical to the reasoning of the judgment of the court of first instance, and thus,

2. Determination on the resolution of ratification on November 12, 2016

A. On November 12, 2016, the parties asserted that the defendant clan held a special general meeting (hereinafter “the ratification general meeting of this case”), and that the above general meeting dismissed the plaintiff from office by the chairperson of the defendant clan with the consent of 163 with respect to the total number of 120 members present at the meeting and 66 members who delegated the attendance and the exercise of voting rights, and 163 members who appointed the plaintiff as the chairperson of the defendant clan, and ratification of the resolution of this case (hereinafter “the ratification resolution of this case”) is recognized if there is no dispute between the parties, or if the purport of the entire pleadings is shown in the statement in subparagraph 22-1, 2, and 3.

The defendant asserts that the resolution of this case was ratified by the General Assembly of Ratification and valid.

As to this, the plaintiff shall convene a meeting of ratification of this case by a person without legitimate authority to convene a meeting, and there is a procedural defect due to the omission of a notice of convening some of the clans, and the reason for dismissal of the defendant clans is false, so the resolution of this case is still invalid.

B. 1) Determination of procedural defect 1) In order to take effect when a resolution of the general meeting of a clan for the appointment of a legitimate convening authority is required to be convened by a legitimate convening authority. Therefore, in a case where the general meeting of a clan does not follow the rules of a clan and is not convened by legitimate convening authority, the resolution for the appointment of a representative at the above general meeting shall not be effective (see, e.g., Supreme Court Decision 92Da34124, Nov. 27, 1992).

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