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(영문) 의정부지방법원 고양지원 2018.08.10 2017가합74057
종중대표자선임유효확인등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. (1) The provisions of the articles of association regarding the relationship between the parties and convening extraordinary general meetings (1) the defendant clan is a joint ancestor of D who is 18 years old in CC, and the non-party E (hereinafter "non-party E") is a clan of which the non-party D is 19 years old in CC, 19 years old, and F who is son of D, and is a joint ancestor of the above D, and is in a relationship between the friendship and the clan of each other.

(A) No. 2, B’s No. 1, and B’s No. 36-1). The Plaintiff is a clan member of the Defendant clan.

(2) Article 13 of the articles of incorporation of the defendant clan provides that "Special general meetings shall be convened when the chairperson deems it necessary. When the resolution of the board of directors or at least 15 members of the meeting request the convocation of special meetings, the chairperson shall convene a meeting."

(A) Evidence No. 2, B No. 1.b.

(1) The non-party clan filed a lawsuit against the defendant clan claiming for "performance of the procedure for the registration of ownership transfer based on the cancellation of title trust on the land of this case (hereinafter referred to as "the land of this case")" under the court 2015Kahap72569, and the above lawsuit (hereinafter referred to as "relevant lawsuit") on July 1, 2016, the adjudication division of the lawsuit (hereinafter referred to as "relevant lawsuit") ordered the defendant clan to hold a general meeting and present its opinion on the ownership relation of the land of this case to the clan members, and to make its conclusion known by September 23, 2016."

(A) On August 31, 2016, the 20 members of the clan, including Nonparty H and Vice-Chairperson I, who are the members of the Defendant clan, requested Nonparty J, the chairperson of the Defendant clan, to convene an extraordinary meeting in accordance with the order to prepare for the name (Evidence A 14), but Nonparty J submitted a document to the effect on September 21, 2016 that “the majority of the members of the clan oppose the convocation of the extraordinary meeting” in the relevant litigation.

(A) Nos. 15, 16, and 12-1 to 4. (3) This Court shall

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