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(영문) 수원지방법원성남지원 2019.04.02 2018가합407742
종중결의무효확인청구의 소
Text

1. Ascertainment that each resolution listed in the separate sheet prepared by the Defendant at an extraordinary general meeting held by the Defendant on May 19, 2018 is invalid.

2...

Reasons

1. Basic facts

A. The defendant is a clan comprised of descendants of 19 years old who are descendants of Si Cho Da's 12 years of age D as a joint ancestor, and the plaintiff is a member of the defendant's clan.

B. On May 19, 2018, the Defendant amended the Defendant’s covenant (hereinafter “instant special meeting”) as shown in the attached list (i.e., the unification of the articles of incorporation; hereinafter “laws”) at the general meeting (hereinafter “instant special meeting”). (ii) pursuant to the amended bylaws (hereinafter “instant bylaws”), the Defendant owned the land of five parcels, including 28,526 square meters, out of 66,307 square meters of forest land in Gwangju City, which the Defendant held in title to its members, or the land of five parcels, including 28,526 square meters (hereinafter “instant land”), out of 6,307 square meters of forest land in Gwangju, which the Defendant held in title to its members, sold to G, and (iii) a resolution again selected by the former president as the Defendant’s president (hereinafter “instant resolution”).

C. On the other hand, Article 5 of the Rules of this case limits the eligibility for election of the president of the defendant, by stipulating that "the head of the defendant shall have the right to participate in the religious affairs and to speak and participate in voting, but only the head of the Gu who has resided in the jurisdiction of the Gwangju City in Gyeonggi-do shall be eligible for election."

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 7, 11, Eul evidence Nos. 1, 4, 6, 7, 10, 11, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s instant rules limit the eligibility for election of the president to “a member who has resided in the jurisdiction of the Si of Mine,” which is null and void since it is contrary to the essence of a clan and it unfairly limits the eligibility for election of the president of a clan. The instant resolutions made in accordance with invalid rules are all null and void.

B. Among the defendant members, majority of the defendant members form a collective village in the Idong of Gwangju City, and all the land owned by the defendant are restricted to the qualification of the representative for the rational performance of clans in Idong, which is a clan.

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