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(영문) 광주지방법원 2015.12.17 2015가합58268
종중결의무효 확인의 소
Text

1. On May 31, 2015, among the plaintiff and some of the clan members, the defendant is KRW 6 million for each male among the plaintiff and some clan members.

Reasons

1. Basic facts

A. The parties concerned are the descendants of F, the fourth 16th son of D, who are the descendants of F, consisting of residents of the Republic of Korea, and the plaintiff and G are the descendants of H, the third son of F.

B. The resolution of the head of the defendant clan and the violation of the resolution of the plaintiff and G 1) The defendant clan, one of its own possession, shall be 17,157 square meters of farmland C, North-gu, Gwangju (hereinafter “the forest of this case”).

As the land around this case’s forest land was changed to a general residential area from a natural green area, the instant forest land was sold. Accordingly, on January 12, 1992, a general general meeting was held to sell the instant forest land. From among the seedlings in the instant forest land, F’s upper belt of the trees among the seedlings in this case’s forest land is 50,380 square meters of I forest land owned by the Defendant clan (hereinafter “I forest”).

) On the other hand, the tombstones of the non-indicted 88,066m2 (hereinafter “J forest”) owned by the Defendant clan, is the Masan-gun Jan-gun of Masan (hereinafter “J forest”).

(2) On November 2, 2003, the Plaintiff and G sold the instant forest as well as the instant forest on September 2, 2003, unlike the aforementioned resolution, and on November 2, 2003, the Plaintiff and G transferred the instant forest from the instant forest to the I Forest as well as the instant forest.

C. Defendant clan’s decision 1 on November 15, 2003 to distribute the proceeds from the sale of the forest land of this case to its members by holding an extraordinary general meeting on November 15, 2003, and the detailed criteria for the distribution of the forest land of this case was determined at the general meeting of all its members and approved by the general meeting. On March 1, 2004, the general meeting was held on March 1, 2004, and the “Regulation on the Prohibition of Distribution of the Forest Land of this case” (hereinafter “Regulations”).

(2) The provision of this case was resolved upon. (2) The person eligible for the payment of the final amount distribution shall be paid to the person who was born on or before December 31, 1985 on or before December 31, 1985, out of the last 16th F of Article 3 Section D, and who was still alive on or after January 1, 2004, and the amount of the male payment shall be 20 million won.

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