(영문) 의정부지방법원 2017.08.30 2017가합50133

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(영문) 의정부지방법원 2017.08.30 2017가합50133

종중총회 결의 무효 확인 청구

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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The defendant is a clan that is composed of descendants who are 13 years old descendants of Si Mediation C (hereinafter "the defendant clan"), consisting of five of the clans E, F, G, H and I, and the plaintiff is a clan member of the defendant clan.

B. On November 2, 2016, the defendant clan held a general meeting (hereinafter “instant general meeting”) at the defendant clan center located in the J of Yangju-si. The defendant clan changed its clan rules and decided to appoint K as chairperson, L, M, N as auditor, and R as general secretary.

C. The main contents of the clan rules amended by the general assembly of this case are as follows.

BF EF GIF HF F G F G H F T / [founded grounds for recognition] The purport of the whole pleadings, as follows: Gap evidence 1-1, 2, Gap evidence 2-4, Eul evidence 2-2 and 6;

2. Determination

A. For the following reasons, the resolution of each general assembly of this case is null and void:

1) The general meeting of the defendant clan shall be held in the cemetery after the clan was held in accordance with the clan regulations at the time. ① The general meeting of this case was held in the defendant clan center which is not the cemetery, ② there was a defect in the convening procedure, ② there was no specific notification of the agenda in advance, and ② there was a defect in the convening procedure. ② The voting on the amendment of the regulations on the management of the clan and the rules on the management of the property, ② there is a defect in which it is unclear whether voting was made by the members of the clan with voting rights because the status of the members present at the voting is not verified, ② there is a defect in the resolution on the whole of the amendment, ③ defect in the voting method, ③ defect in the voting method, ④ defect in the voting method, ④ defect in the voting by the resolution of the members of the clan at the request of some members of the clan, and defect in the voting by the resolution of suspension of qualification, ⑤ defect in the voting method,

3. The above.

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