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(영문) 서울고등법원 2017.10.27 2017나2034477
종중결의무효확인
Text

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. The reasoning of the judgment of the court of first instance as to this case is the same as the reasoning of the judgment of the court of first instance, except for the following cases. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts in height:

A. On the third and fourteen sides of the judgment of the court of first instance, the term “this court” in the said 13 and 14 shall be deemed to be “Yan District Court Sejong Housing Site Board” respectively.

B. From 5th to 6th of the judgment of the court of first instance, the first-class 8 to 16 are as follows.

A. The general meeting of a clan established the scope of the members of the clan subject to notification of convening the meeting, discussions, and resolutions by individually giving each member an opportunity to participate in the meeting, discussions, and resolutions by identifying the location of the members of the clan by making every effort as possible, and individually giving each member an opportunity to participate in the meeting, discussions, and resolutions, and the resolution of the general meeting of a clan held without a notification of convening the meeting shall not be effective: Provided, That the method of convening the notification shall not be necessarily required in writing directly, but it shall be done orally or by telephone, and it shall be done only by another member of the clan or by telephone (see, e.g., Supreme Court Decisions 9Da3257, Jun. 29, 201; 201Da70169, Apr. 13, 2012; 2011Da70169, Apr. 13, 2012; 201Da365, No. 165, No. A's evidence and evidence No. 2, No. 5 of the plaintiffs.

2) The list of those present at the instant special meeting submitted by the Defendant and the list of those present at the meeting (Evidence B No. 6. The list of those present at the meeting identified by the Defendant is the list of those present at the meeting of this case) are recorded by 46 members (the 21 seat and 25 seat), respectively (the general meeting of this case).

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