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(영문) 광주지방법원 순천지원 2017.01.19 2016가단74641
손해배상(기)
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. In holding the judgment general meeting of the defendant's defense of the previous clan, unless there are special circumstances, each person shall be given an opportunity to participate in the meeting, discussion, and resolution by the clan general meeting held without a notification for convening a meeting of some clan members, because he/she shall be given an opportunity to individually notify all the clan members who have resided in the Republic of Korea after determining the scope of the clan members subject to notification for convening a meeting, etc., and their whereabouts are clear.

(see, e.g., Supreme Court Decision 2009Da83650, Feb. 11, 2010). The Plaintiff made a resolution on the instant lawsuit by holding an extraordinary general meeting on June 4, 2016. The fact that 26 members were notified prior to the holding of the said general meeting does not conflict between the parties, but it is difficult to view that the Plaintiff’s clan members were individually given notification to all the clan members that can be notified because their whereabouts were clearly residing in the Republic of Korea because they did not submit all materials on the scope of the Plaintiff’s clan members who were notified by the clans, etc.

If so, the special general meeting of June 4, 2016 above is not a legitimate procedure of convening, and the resolution has no effect.

2. Accordingly, the instant lawsuit is dismissed as it is unlawful.

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