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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. The Defendant is an organization established by G, H, I, and J’s descendants for the purpose of protecting the graves of their common vessel, promoting friendship between their specifications, and their religious services, and the Plaintiff is a member of the Defendant’s religious services.
B. The defendant's clan E filed a lawsuit to nullify the resolution of the general meeting of the clan against the defendant (F) at the Busan District Court, and appealed to the Busan High Court (Seoul District Court 2016Gahap44854), and the defendant filed a voluntary mediation with the Busan High Court on March 30, 2018, stating that "the defendant shall hold a general meeting elected by the defendant in accordance with the defendant's articles of incorporation on April 22, 2018."
(Seoul High Court 2017Na53616). C.
The defendant, at the time of April 9, 2018, shall convene a general meeting to resolve the agenda to be selected by the representative of the clan in the name of F, a representative of the defendant, from April 22, 2018 to the members of the defendant's clan in the name of F.
On April 22, 2018, “Around April 22, 2018, a general meeting of shareholders was held at 253 members (42 visitors and 211 clients) to approve the agenda items on which the Plaintiff is appointed as the Defendant’s representative (hereinafter “instant resolution”). D. Meanwhile, the Defendant’s clan D et al., on April 11, 2018, issued a notice to the Defendant’s members that “a general meeting of shareholders is convened to resolve the agenda items to be selected as the representative of the Defendant’s representative” to the Defendant’s members on April 22, 2018, in order to elect the Defendant’s representative, on April 22, 2018, the Defendant’s clan et al. held the general meeting of shareholders at the second floor of the Mmate conference room in Yangsan-si.” and on April 29, 2018.
D, which was the general meeting at the time, declared that the above agenda was passed without voting, on the grounds that there was no objection of the members present at the general meeting, with respect to the agenda that is appointed as the representative of the main party C among the defendant's closing members.
E. C On April 23, 2018, the Yangsan Tax Office held the Defendant’s general meeting at 9 A.M. on April 22, 2018, and at the above general meeting.