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(영문) 광주고등법원(전주) 2015.10.08 2015나100650
종중총회결의무효확인
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning for the court’s explanation of this case is as stated in the part of the judgment of the first instance, except where the defendant added the judgment of the first instance court as to the new argument at the trial, as stated in the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. (1) The summary of the Defendant’s assertion is as to whether the conciliation of the instant case is void as a matter of course (i) a threat that the competent panel would lose its failure to comply with the conciliation, and that the Defendant has been forced to consent by force, and as it was established without the Defendant’s intention of conciliation due to the involvement in illegal solicitation, there were grounds for invalidation as a matter of course. (ii) A threat that the competent panel would lose the Defendant if it fails to comply with the conciliation in the instant conciliation procedure

There is no evidence to acknowledge that the defendant has consented to the conciliation of this case by force without the intention of conciliation due to the intervention of an illegal solicitation.

In addition, even if the above argument by the defendant is examined by the argument that the judge who participated in the conciliation of this case constitutes a case where he commits a crime concerning duties in connection with the case, such a ground is merely a ground for quasi-examination under Articles 461 and 451(1)4 of the Civil Procedure Act, and it is difficult to view that it is a ground for the invalidation of the conciliation protocol.

Therefore, this part of the defendant's argument is without merit.

B. Attached Form 2 of the instant conciliation provision

4.3

5. 3) Whether the defendant's assertion falls under the management and disposal of the clan's property or is null and void due to infringement on the voting rights of the clan members, the summary of the mediation clause of this case

4.3

5. 3) Since a clan property falls under the management and disposal of the clan property or infringes on the voting rights of the clan members, there are grounds for invalidation of a clan. 2) The conciliation provision of this case is attached to the conciliation provision of this case.

4. In the case of paragraph 3, the defendant.

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