logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.09.13 2016가합700
명칭사용금지
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are assessed against C who is represented by the plaintiff.

Reasons

1. Basic facts

A. The plaintiff clans' clan is a clan consisting of descendants of DC CCM E, and there are the Fran, G, H, I, and I under its jurisdiction. The defendant (the name of the family council: J) was elected by the president, who is the representative of the plaintiff clans' clans' clan around 2002, and the successor was not elected, and continued to perform his duties.

B. On October 23, 2012, at the meeting room in the G literature, the Plaintiff-friendly council adopted an agenda item stating that “The Plaintiff-friendly council shall hold a meeting (hereinafter “representative meeting”) at the meeting room in the G literature, which attended the meeting (hereinafter “the Chairman”), L (L), M (H from H), N (L) and N (L), etc. shall delegate all the duties related to the Plaintiff-friendly meeting to the general public during the G literature until the Plaintiff-friendly council has autonomous operational ability, and thereafter, shall obtain ratification from the general meeting of the Plaintiff-friendly council and transfer the duties related to the Plaintiff-friendly meeting to the general public (hereinafter “instant agenda item”).

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1-1 through 18, Gap evidence 3-8, the purport of the whole pleadings and arguments

2. Determination on the legitimacy of a lawsuit

A. On October 23, 2012, the summary of the Plaintiff’s assertion 1 of the parties concerned adopted the instant agenda to delegate the affairs of the Plaintiff’s clan to the president of the Plaintiff in G on October 23, 2012. On November 14, 2012, an ordinary general meeting was held and ratified the said agenda. Accordingly, the Plaintiff’s clan held a general meeting on November 17, 2012 and ratified the instant agenda.

After that, on March 20, 2013, the Plaintiff-friendly association held an extraordinary general meeting on March 20, 2013 to amend the articles of association to the effect that the president of the Plaintiff-Friendly Council will concurrently serve as the president of the Plaintiff-friendly Council, while at the same time, the Plaintiff-friendly association elected the president of the G

Nevertheless, the defendant continues to use the name of the representative of the Plaintiff's clan, the term of which has expired as the chairperson of the Plaintiff's clan.

Therefore, the defendant shall be the representative of the family council of the plaintiff.

arrow