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(영문) 전주지방법원 군산지원 2018.04.20 2017가합11317
종중의 지위 확인의 소
Text

1. The instant lawsuit shall be dismissed.

2. The motion for intervention of the Intervenor joining the Defendant is dismissed.

3. Of the costs of lawsuit.

Reasons

1. Basic facts

A. The defendant is a group of Gmphs that consist of descendants who are five years of age in time-to-five of time-to-five of time-to-five of time in the time-to-date D(E) in consideration, and its affiliates are over a large number of times.

B. The 14 years old Ha was 14 years old Ha, J, and K, and the Plaintiff, around December 16, 1984, established the name of the clan “A” with the name of the clan “A’s head of the above H as a member of the clan I, a member of the descendants of the Republic of Korea, from among the descendants of the Republic of Korea, I, a member of the clan, registered on December 3, 1993, and held the inaugural general meeting around March 27, 2001.

The defendant's small and medium group "N" and "O" as the group of Samnam K is also the defendant's small and medium group.

C. Meanwhile, on June 4, 2011, the Intervenor joining the Defendant (hereinafter “ Intervenor”) opened a general meeting and enacted the clan name as “C” and enacted the clan rules that make the name of the clan members of the descendants who were the descendants of the second group of H as “C,” and elected L as the president by holding an extraordinary general meeting on June 8, 201. Around May 3, 2015, the Intervenor again held an extraordinary general meeting and ratified the Intervenor’s establishment and election of the representative.

On the other hand, on February 26, 2011, the Defendant decided to establish a cemetery for each species of the clans at the third special general meeting of the fifth period, and decided to distribute KRW 650 million to each class of the clans property to each class of the class of the class, and one hundred million among them was determined as the shares of the “M class of the class of the class of the class.”

However, the Plaintiff and the Intervenor asserted that their payment of KRW 100 million constitutes “M clan” and sought a payment of shares to the Defendant, and the Defendant refused payment on the ground that it is difficult to find out which share should be reverted to a clan.

E. Accordingly, the Intervenor filed a lawsuit seeking shares to the Defendant (Seoul Southern District Court 2012Kadan27951), and the Plaintiff also sought confirmation that the Intervenor participated in the lawsuit as an independent party, claiming shares to the Defendant, while claiming shares against the Intervenor.

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