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(영문) 의정부지방법원 2017.09.08 2016가합2304
종중총회결의무효확인
Text

1. The Defendant’s land compensation for the land of ten parcels, which is located in the special meeting of the two weeks from August 22, 2015, the area of which is not less than 108 square meters in G in Yangju-si.

Reasons

1. Basic facts

A. The defendant is a clan that is jointly created by H 28 years old descendants I, and the plaintiffs are female clan members of the defendant.

The defendant's clan members are 118 people (54 men, 64 women).

B. The Defendant, who expropriated the Defendant’s land, owned the land of ten parcels (108 square meters and 108 square meters prior to G in Yangju. However, the land was expropriated on May 28, 2015, and the Defendant was paid the land compensation amounting to KRW 1,374,478,30 (1,058,036,618 won, excluding taxes and public charges) from Yangju-si on June 11, 2015.

C. Resolution 1 on August 22, 2015, the distribution resolution of land compensation 1) the Defendant decided to convene an extraordinary general meeting to distribute land compensation received from Yangju-si, and notified the Defendant of convening an extraordinary general meeting on August 11, 2015 to 51 of the Defendant’s clan members (for registered mail, registered mail, general affairs, and his/her family members, verbally delivered to four family members). (ii) In accordance with the notification of the above convocation, the extraordinary general meeting was held on August 22, 2015, and 51 of the clan members (referring to 14 persons delegated among them) were present.

The method of distributing land compensation received by the Defendant at the above special meeting was discussed, and the majority of the members decided to distribute the land compensation differently according to the degree of participation in the clan events, and in detail, 100% of the members of the clan who attended the four or more times of clan events held from August 2014 to July 2015 and 20% of the members of the clan who attended the meeting to be less than 20% of the members of the clan (hereinafter “the resolution of distribution of this case”).

3) Following the resolution for distribution of this case, 42 of the 118 defendant clans were paid 18 million won which is the 100% compensation, and the remaining 76 members were paid 3.6 million won which is the compensation amounting to 20%. D. The defendant decided to hold an ordinary general meeting in accordance with the clan regulations, and on January 11, 2017, issued a notice of convening a general meeting by registered mail to 93 of the defendant's clans among the defendant's clans.

2. On January 21, 2017, an ordinary general meeting was held and a clan member was held in accordance with the notice of the convocation.

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