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(영문) 수원지방법원성남지원 2014.08.20 2013가합11795
종중총회결의무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a small portion of the F-type F in the middle of C’s 25 years of age D’s 25 years of age E, which consists of descendants of G who are the grandchildren of E.

B. On July 3, 2007, the Defendant held a general meeting of clans and passed a resolution to appoint H as the chairperson of the clan (hereinafter “resolution to appoint the president of the clan”). (c) The Defendant’s clan was holding each general meeting on September 3, 2007, and January 30, 2010, and each of the above general meetings passed a resolution to appoint the Plaintiff as the chairperson of the clan. Since each of the above general meetings held by the Plaintiff, the resolution to confirm the Plaintiff as the chairperson of each general meeting of clans on January 21, 201, which was held by the Plaintiff on January 16, 201, and on January 21, 2012, H had a resolution to confirm the Plaintiff from each general meeting of clans as the chairperson of the clans. Accordingly, on August 30, 2011, the Defendant filed a lawsuit against the Defendant seeking confirmation of each of the above general meetings of Suwon Branch Branch under the authority to convene each of the above general meetings of clans as well as the above resolutions were omitted.

“Judgment was pronounced. The above judgment was rendered. The Defendant’s appeal (Seoul High Court 2012Na65944) and the Defendant’s appeal (Supreme Court 2013Da5947) were all dismissed, and the judgment became final and conclusive on April 17, 2013 (hereinafter “H’s lawsuit”). Meanwhile, the Defendant’s final cause is against the Defendant on November 7, 2012 and filed a lawsuit seeking confirmation of invalidity of the resolution of appointment as the president on July 3, 2007, who appointed Suwon District Court Branch Branch Branch 2012Gahap22040 as the president, and the above court affirmed the judgment that “The resolution of the clan General Assembly on July 3, 2013, which was confirmed to be null and void since it omitted the notification of convening the majority of the clan members.”

The defendant appealed in Seoul High Court Decision 2013Na67237, but the appeal was made on July 17, 2014.

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