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(영문) 서울고등법원 2018.01.18 2017나2047619
종중총회결의부존재(무효)확인
Text

1. Of the judgment of the court of first instance, the list in the attached Form 1, which the defendant held on November 30, 1982 (No. 15, 1982) at a clan general meeting held on October 15, 1982.

Reasons

1. In the first instance court, the plaintiff sought confirmation of non-existence of each resolution listed in the separate sheet (hereinafter referred to as "resolution") issued by the defendant on November 30, 1982 at a clan general meeting (hereinafter referred to as "the clan general meeting of this case") held on October 15, 1982 at the first instance court (hereinafter referred to as "the clan general meeting of this case"). The first instance court determined as follows. The plaintiff appealed as to the main and conjunctive claim against the second resolution, and the defendant appealed as to the main and conjunctive claim against the first resolution.

Therefore, the scope of this Court's trial is the preliminary claim for the first resolution, the primary and conjunctive claim for the second resolution.

(The following table section). The dismissal of the Resolution 2, citing the Resolution 1, 2, 2, 1, 1, 1, 1 or 1,10

2. Basic facts (1) The defendant is a clan that has C 16 years of age D as a joint ancestor.

Among four children of the defendant's small group, Fmph made the joint group of E among the four children of D, Hmph made the joint group of G as the joint group, Jmph made the joint group of I as the joint group, and K as the joint group of K.

(2) The Plaintiff is a senior member of the Defendant’s clan.

[Reasons for Recognition] Facts without dispute, purport of whole pleading

3. The premise of judgment is that the clans are classified into the clans recognized by custom and precedent and the non-corporate clans, and the issue of this case is about the resolution of the clans recognized by custom and precedent.

A clan general meeting shall be divided into an ordinary general meeting and an extraordinary general meeting.

According to the overall purport of Gap evidence 4, Gap evidence 5-1, and Gap evidence 6, the defendant clan was the 15th day of October each year, and there was a practice in which the participants of the trial were discussed about the church's history on the 15th day of October each year, and the 15th day of November 1982 stated in the purport of the claim was the 15th day of October, 1982, and currently the crymism was continued on October 15 each year.

2.2

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