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(영문) 춘천지방법원원주지원 2015.08.13 2015가합5374
임시종중총회 결의 무효 확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 24, 1994, the defendant clan submitted the clan B Rules (No. 26, hereinafter "the Rules of this case") enacted on January 5, 198 when he applied for the registration number of a clan for the registration of a real estate at the home of her own.

According to Article 2 of the Rules of the Association of this case, the defendant's clan is a clan of which residence is full-time descendants, and among the descendants of C, a person, etc. confirmed through the common argument of the plaintiff and the defendant's clan in this case shall be as shown in the separate sheet.

B. In addition, according to Article 20 of the Rules of this case, the general meeting shall pass a resolution for the election of executive officers at the general meeting, and according to Article 22, the general meeting resolution shall pass a resolution with the consent of more than 2/3 of the members and more than a majority of the members present.

C. D’s birth of C was caused to Section A because it was impossible to set up son, and as a result, C’s 2 South E became adopted as D’s adoption, and the F currently became the representative of Defendant clan is the follow-up loss between adoptions as above.

(hereinafter “D’s subsequent losses”). D.

On April 27, 2014, the defendant clan held an extraordinary general meeting to appoint F as the chairperson of the defendant clan, interpreted the scope of the defendant clan as well as D's descendants as the members of the defendant clan, and made a resolution to modify the articles of association in such interpreted contents as above (hereinafter referred to as the "resolution of this case"), and F issued a notice of convening the said extraordinary general meeting.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, Eul evidence Nos. 1, 7 through 9, 12, 13, 21 through 24, 26, 31 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The summary of the plaintiff's argument is that the defendant clan is a common ancestor, and the resolution of this case is to expand the qualification of the members of the defendant clan by arbitrarily expanding the qualification of the members of the defendant clan to the descendants of C and D.

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