(영문) 대전지방법원 2019.06.26 2018가합104195

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(영문) 대전지방법원 2019.06.26 2018가합104195

종중총회결의 무효확인

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1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. D's clan is a clan consisting of adult descendants (hereinafter "the clan of this case"), and the plaintiff is the representative of the clan of this case with the "F" as a common ancestor.

B. The instant clan, which was held on November 14, 2016, passed a resolution to select the Plaintiff as the president at the ordinary general meeting of 2016, and passed a resolution to return the name of the instant clan to “D clan” in which the Plaintiff was deemed defective at the last meeting.

C. On January 20, 2017, E convened a temporary general meeting of 11 members of the instant clan, and the name of the instant clan was changed from the general meeting of the instant clan to “Defendant B clan” (hereinafter “Defendant B clan”), and notified that E was elected as the representative of the Defendant clan, and made a resolution to apply for the change of the registered name of the Defendant clan to change the registered name of the instant real estate, which was owned by the instant clan, in the name of the Defendant clan, and to delegate the registration affairs to E.

(hereinafter “each of the instant resolutions”) D.

E, on February 20, 2017, applied for the registration of change of the name of the registered titleholder to the defendant clan with respect to the real estate of this case owned by the clan, and the registered titleholder of this case was changed to the defendant clan on the same day.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, and purport of the whole pleadings

2. The Plaintiff is seeking confirmation of invalidity of each of the instant resolutions.

The benefit of confirmation in a lawsuit for confirmation is unclear between the parties and the existence or absence of legal relations which are the subject matter of the lawsuit, so that the relationship can be immediately established and the risk or unstable can be removed from the plaintiff's rights or legal status.

Supreme Court Decision 81Da636 Decided June 8, 1982; Supreme Court Decision 93Da408 Decided November 22, 1994

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