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(영문) 서울고등법원 2017.04.12 2016나2053389
총회결의무효확인
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 of the court of the first instance’s explanation concerning the instant case is as follows, and thus, it is consistent with the reasoning of the first instance judgment, except for dismissal, deletion, or addition as follows. Thus, this is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act

From the third side of the judgment of the court of first instance, "O" shall be deemed to be "S"; "O" shall be deemed to be "S"; "O 11-12" shall be deemed to be "F 20 April 20, 2014"; "A" shall be deemed to be "Plaintiff"; "F 2-3" shall be deemed to be "F 8th to February 26, 2015" and "F 2-3" from the bottom of the 8th to the bottom of the 10th to the bottom of the 10th to the bottom of the 10th to the 10th to the 11th to the 11th to the 26th day of May 26, 2015"; "F 1th to the 11th day of February 2015 to the 20th day of February 21, 2017 to the 7th day of the pleading."

From the 7th side to the 7th side, the phrase “a resolution may be seen as a resolution”, and the phrase “a new juristic act shall be deemed to have been conducted unless there is a legal provision recognizing the retroactive effect when the act of invalidation is ratified, and the same shall apply to the case where a legitimate ratification is made after the resolution of invalidation is made. Supreme Court Decisions 94Da53419 Decided April 11, 1995; 2009Da35033 Decided June 24, 201.”

The 8th 6th son added "5th 6th son" to "5th son's property owned by a clan belongs to the collective ownership of a clan, and the plaintiff who is the defendant's member has a legal interest in the reorganization and management of the land owned by the defendant

In the 11th class, even if a member of the clan who did not receive a call notice becomes aware of it by any other means, the resolution of the clan general meeting shall not be null and void (see, e.g., Supreme Court Decision 2011Da70169, Apr. 13, 2012), although the member of the clan did not attend the clan general meeting (see, e.g., Supreme Court Decision 201Da70169, Apr. 13, 2012), and all members of the clan who did not receive a call-up notice only with the images of the evidence No. 23-1 to 24

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