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Reasons
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(영문) 대구고등법원 2017.06.02 2016나23237
종중임시총회결의무효 확인
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1. Revocation of the first instance judgment.

2. The plaintiffs' claims against the defendant are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. Basic facts

A. The Defendant’s position 1) M was 11 years old L, K C, and 16 years old, and was feld in the Joseon Dynasty. As M and her descendants reside in the Nan area of Gyeongbuk-gun, a clan made up of M was naturally formed. 2) The follow-up descendants of M constitute ① the follow-up descendants of K 15 years old, ② the follow-up descendants of K 16 years old, ② the follow-up descendants of K 16 years old, ③ the follow-up descendants of K 16 years old (T and R), and there are no other descendants of M.

3) The Defendant is a common ancestor and is a clan comprised of descendants. B. 1) On April 5, 1993, the Defendant held a clan meeting on April 5, 1993, the Defendant decided to register the real estate owned by the Defendant clan in the name of the Defendant clan including the forests and fields listed in the attached real estate list (hereinafter collectively referred to as “the forests and fields of this case”), and the real estate owned by the Defendant clan, including the sequences listed in the attached real estate list, in case where the Defendant individually meets, in the name of the Defendant clan, and the content of selecting AT (17, 16, 1).

2) The main contents of the Family Code of April 6, 1993 are as follows. The members of this clan shall be composed of one adult male who is under the Embry, and each of the members of this clan shall be organized as shown in the separate list. Article 6 (Disqualification of Members) shall lose membership upon the death of the member, and his/her descendants shall succeed. Article 8 (Classification of Assets) shall be the basic assets and the ordinary assets, and the basic assets shall be classified into two categories, and they shall not be disposed of, or secured by: Provided, That in extenuating circumstances, they may be disposed of or secured by a resolution of the general meeting:

2. Property designated as an endowment and contributed;

3. Ordinary property shall consist of property other than fundamental property.

Article 15 (General Meeting) On the first day of February of every year, a general meeting shall be held on the second day of February of the year, and any decision shall be made on the following matters:

1. The budget;

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