2012 Gohap 16868 Request for nullification by the Board of Directors

1. Domination8 (61 year old, female);

[Supplementary Districts in Ansan-si]

2. R (51 years old, female)

Gunpo-si

3.D (64 years old, female)

Yeongdeungpo-gu Seoul

4. This (53 years old, female).

Seongbuk-gu Seoul

XX (31 year olds, women)

Gyeonggi-gu Group

6.CC (41 years old, female)

Yeongdeungpo-gu Seoul

7. this (D) (50 years old, female)

Mayang-si Mayang-gu

8.D (46 years old, female)

Yeongdeungpo-gu Seoul

[Judgment of the court below]

Escopic species

Chicago-si

대표자 회장 이♀♀

Law Firm Lee-chul, Counsel for the plaintiff-appellant

Attorney Lee Dong-chul, a principal offender

March 8, 2013

April 5, 2013

1. We affirm that the resolution by the board of directors of June 11, 2010 by the defendant is null and void.

2. The costs of lawsuit are assessed against the defendant.

The order is as set forth in the text.

1. Basic facts

A. The defendant is a 0 clan which is a clan of this clan (hereinafter referred to as "the clan") and is a clan of this clan, and the plaintiffs are female members of the defendant.

B. On August 13, 2002, with respect to the arbitrary sale of the real estate owned by the Defendant, the Defendant made a judicial compromise with the purport that 26 billion won shall be paid to the Defendant during the course of the marriage. On June 11, 2010, the Defendant received payment of 12.9 billion won based on the said judicial compromise.

C. On June 11, 2010, the defendant opened a board of directors and decided to distribute the remainder of 12.9 billion won, which was excluded from the business expenses of a clan among the above 12.9 billion won, to the members of a male clan, and decided to pay each of 100 million won to the members of a female clan (10 million won for a clan), 42 million won for a female member (15 million won for a previous payment), and 10 million won for a female member for a female clan member, respectively (hereinafter referred to as "the resolution of the board of directors of this case").

D. On June 22, 2010, the Defendant decided to make a increased adjustment of the shares of female class members to 40 million won (term payment 15 million won) and paid the shares to the class members according to the above resolution of the board of directors, respectively.

[Ground of recognition] In the absence of dispute, entry of Gap evidence 1, Eul evidence 1 to 19, and Eul evidence 22 (including each number, if any) and the purport of the whole pleadings

2. The argument and judgment of the parties

A. The plaintiffs' assertion and judgment

The plaintiffs' distribution of clan properties is merely a difference in the ratio, method, and contents of the distribution according to the division of gender between men and women, and it is null and void because the contents of the resolution on the distribution of clan properties are not consistent with the whole legal nature and are not consistent with its legitimacy and rationality. Thus, the resolution by the board of directors of this case, which differs from the amount of the distribution of clan properties according to the division of gender, shall be null and

The resolution of the clan general meeting on the distribution of clan properties shall be null and void, as a matter of course, in the case where the descendants who share the common ancestor with the clan naturally become adult regardless of their will, regardless of their intention, of the nature of the clan which is naturally created, and where the contents of the resolution of the general meeting on the distribution of clan properties are considerably unfair or contrary to good morals and other social order, or where they infringe on the essential contents of the fundamental rights and interests of the clan members. Whether the resolution of the clan general meeting on the distribution of clan properties remarkably unfair or unfair shall be null and void. Whether the resolution of the clan general meeting on the distribution of clan properties is clearly unfair or unreasonable shall be determined in accordance with the overall legal order of the clan, including the developments leading up to the creation of the clan properties, contribution to the maintenance and management of property among the clans, contribution to the division of clan properties, the developments leading up to the distribution of the clan properties, the ratio and degree of the distribution of the entire clan properties, and all circumstances surrounding the distribution of the properties in the past.

However, without any justifiable reason, the resolution of the board of directors of this case is the content that discriminates in the amount of distribution between male and female members. Thus, the resolution of the board of directors of this case is inconsistent with the overall legal order of our country demanding the realization of gender equality as discrimination between male and female members by gender, and it is null and void as it is in violation of the overall legal order of our country demanding the realization of gender equality. As long as the defendant contests the effect of the resolution of this case, the plaintiffs have interest in seeking confirmation of nullity.

B. Defendant’s assertion and judgment

The defendant's resolution by the board of directors of this case is to distribute the money that he paid to the defendant to the members of the clan through a judicial compromise on August 13, 2002. Thus, it is not the date of the resolution by the board of directors of this case, but the qualification of the members of the clan shall be determined on the basis of the date and time of the above judicial compromise. Thus, the resolution by the board of directors of this case is valid since the distribution of shares to the members of the clan who are not members of the clan at the time of the above judicial compromise was made mutually, and there is no unreasonable discrimination against the members of the clan who are not members of the clan at the time of the above judicial compromise. However, the invalidity of the resolution by the board of directors of this case shall be determined at the time of the resolution by the board of directors, and it is not determined at the time of the legal rate

3. Conclusion

Therefore, the plaintiffs' claim of this case is reasonable, and it is so decided as per Disposition.

The presiding judge shall be appointed by the judge.

Judges Cho Young-chul

Judges Yoon Dok-gi