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(영문) 서울고등법원 2015.03.04 2014나33040
예금자명의변경
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by C.

Purport of claim and appeal

judgment of the first instance.

Reasons

1. The reasoning for the court's explanation of this case is as stated in the reasoning of the judgment of the first instance except for the plaintiff's addition of the following judgments as to the matters alleged in the trial of the first instance. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional matters to be determined;

A. The Plaintiff’s assertion that: (a) on July 20, 2014, according to the convening of I and M, the Plaintiff lawfully held an extraordinary general meeting on July 20, 2014; and (b) resolved that “C shall be elected as the representative of the Plaintiff; and (c) C shall ratification all the procedural acts performed by C as the representative of the Plaintiff and delegate the future procedural acts; and (d) C shall be the lawful representative of the Plaintiff; and (e) the instant

B. Determination 1) The general meeting of a clan does not have a valid resolution on the ground that, unless there are special circumstances, since the scope of the members of the clan who are subject to notification for convening a meeting has been determined by the family clan, and each person has an opportunity to participate in the meeting, discussion, and resolution by individually giving all the members of the clan who are clearly residing in the Republic of Korea and are able to be notified, and that there is no resolution by the general meeting of a clan general meeting held without failing to give notice for convening a general meeting to some members of the clans, and unless there was no notification for convening a general meeting for some members of the clans, the general meeting resolution does not become effective (see, e.g., Supreme Court Decisions 2007Da34982, Sept. 6, 2007; 2005Da41832, Mar. 29, 2007). 2) In full view of the purport of arguments as to each of the evidence No. 11 through No. 18, the plaintiff's notice for convening 318 members of July 20, 20.

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