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(영문) 서울고등법원 2020.09.11 2019나2047590
종중총회결의 무효확인 등 청구의 소
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1. All remaining plaintiffs' appeals except the plaintiff C and the defendant's appeals are dismissed.

2. The costs of appeal shall be individually counted.

Reasons

1. Determination on the claim for nullification of the resolution of the clan general meeting

A. Basic facts 1) The Defendant is a clan (a branch or a sub-branch) under which L, who is the 7 years of age of J, is a common vessel of K, and the Plaintiffs are the members of the Defendant. 2) On April 13, 2014, the Defendant held a general meeting of shareholders and passed a resolution to select I and I (I and M) as the chairperson of the Defendant.

3) Articles of Incorporation (hereinafter “Articles of Incorporation”) of the Defendant, which was in force at the time I was elected as the Chairperson.

According to the above, only N's adult male and female, could participate in the operation of the defendant through the general assembly and the board of directors (Article 5, 6). [Grounds for recognition] without dispute, Gap evidence 2, Eul evidence 9 (including each number, hereinafter the same shall apply).

each entry, the purport of the whole pleading

B. On April 13, 2014, the plaintiffs asserted that the resolution of the general meeting of the shareholders held on April 13, 2014, which was held by non-corporate council as the defendant's representative, was null and void because it violated the defendant's articles of incorporation. The defendant asserted that since the general meeting of the shareholders held on April 13, 2014, I were elected again at the general meeting of the defendant as the defendant's representative, this part of the lawsuit seeking confirmation of invalidity of the resolution of the general meeting of shareholders held on April 13, 2014 did not have any interest in the lawsuit to seek confirmation of past legal relations. 2) If the non-corporate council of the board of directors held again after the resolution of dismissal of directors was passed by the board of directors of the non-corporate foundation, and the board of directors held again ratified the previous resolution as it is without any interest in the lawsuit to seek confirmation of legal relations or legal relations of directors held again even if the initial dismissal resolution is null and void (see, e.g., Supreme Court Decision 2017Da.).

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