(영문) 대구지방법원안동지원 2020.09.17 2020가합3045

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(영문) 대구지방법원안동지원 2020.09.17 2020가합3045

총회결의무효 등 확인의 소

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The plaintiffs' lawsuits against the defendant H Co., Ltd. and the plaintiffs' lawsuits against the defendant G clan.

Reasons

1. Basic facts

A. The defendant clan is a clan that is composed of the descendants of the defendant clan with K of 9 years of age as a common ancestor, and the plaintiffs are the members of the defendant clan, and the members of the defendant clan are not less than 300.

B. On January 31, 2019, Defendant clan concluded a sales contract with Defendant Company to sell each of the instant lands in KRW 460 million (hereinafter “instant sales contract”).

C. On October 16, 2019, the Defendant clan issued a notice to notify 28 members registered in the Defendant clan clan clan to convene an extraordinary general meeting (hereinafter “general meeting of October 16, 2019”) and passed a resolution to decide on the disposal of each land of this case, and the Defendant clan completed the registration of ownership transfer of the instant I land to the Defendant Company on November 12, 2019 in accordance with the purport of the resolution adopted at the general meeting of October 16, 2019.

The defendant clan held a general meeting of January 20, 2020 (hereinafter referred to as the "general meeting of January 20, 2020") and ratified a resolution made at the general meeting of October 16, 2019.

E. On October 16, 2019, the Plaintiffs asserted that the general meeting of October 16, 2019, which omitted notice for convening the notification to the Plaintiffs, a clan, was null and void, and filed the instant lawsuit against the Defendants on February 4, 2020.

F. Accordingly, on June 30, 2020, the defendant clan issued a notice of notification to 31 members registered with the clan of the defendant clan and the plaintiffs who are non-members, and on July 10, 2020, the defendant clan held an extraordinary general meeting on July 10, 2020 and passed a resolution to confirm the disposal of each land of this case by holding each general meeting on July 10, 2020.

Article 5 Article 5(1) Members of the clans shall be comprised of GJ members (All follow-up descendants of JJC 9 years of age K), but persons registered with the clans Association.

Article 6 The rights and obligations of members of the clans shall be decided by resolution and the operation of the Assembly for Election.

유사 판례

-서울중앙지방법원 2015.10.20 2014가합586912

-대구지방법원 2014.09.05 2014나3878

-전주지방법원 2014.03.27 2012가단42682

-인천지방법원부천지원 2016.02.03 2015가합102056

-수원지방법원여주지원 2015.11.12 2014가합11573