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(영문) 의정부지방법원 2017.06.21 2016가합52194
종중운영위원회결의무효확인의 소
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The defendant is a clan that is composed of N, who is 23 years of age from M, and the plaintiffs are the defendant's clan members.

B. On December 23, 1996, the defendant applied for the issuance of a registration number for real estate registration to the Yangju-gun as representativeO and was newly registered on the 26th of the same month. At the time of the above application, the articles of incorporation of the defendant clan (hereinafter “Articles of incorporation of 1996”) which was decided on November 17, 1996 was attached thereto, and the above articles of incorporation stipulate that the purchase or disposal of the clan properties shall undergo a resolution of the general meeting.

§ 12(c).

Around February 2013, L, which is the defendant's clan, has held a board of directors for the amendment of the articles of incorporation of the defendant clan and amended its articles of incorporation. The articles of incorporation (hereinafter referred to as the "Articles of incorporation in 2013") stipulate matters concerning the acquisition and disposal of the clan property (movable and real estate) as the resolution of the steering committee (Article 13); the steering committee provides that the chairperson, vice-chairperson, general affairs, and auditor shall be composed of the members of the steering committee, and the resolution

(Articles 9 and 12). The Defendant held a general meeting on March 16, 2013 at a Pcafeteria located in Japan to amend the said Articles of Incorporation, and passed a resolution on the amendment of the said Articles of Incorporation with the consent of 12 out of 13 members present.

On April 1, 2014, the Defendant Steering Committee decided to sell the instant real estate to Nonparty J and K with a total number of five members present, and decided to delegate all the acts related to the transfer of ownership to the Chairperson L who is the representative of the Defendant (hereinafter “instant resolution”). Accordingly, on June 9, 2014, on the ground of the sale on April 2, 2014 as to each of the instant real estate, the registration of transfer of ownership of one-half shares was completed in the name of Nonparty J and K, respectively.

E. Meanwhile, the Defendant’s application for ownership transfer registration of each of the instant real estate and the accompanying articles of incorporation are written as of March 1, 1976, and the above articles of incorporation (hereinafter “Articles of incorporation in 1976”).

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