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(영문) 서울중앙지방법원 2017.08.10 2016가합6137
종중임시총회결의무효확인
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The status of the parties is that the defendant is a clan that is the 6-year-old descendants of G as the Ha's 6-year-old descendants of H and consists of their descendants, and the plaintiffs are the defendant's clan members.

The defendant's clans are K-J's own descendants and M-M's clans made up of K K-J and K-J's own descendants. In other words, K has five branch waves such as N,O, etc., and M has 13 branch waves such as P, Q, R, and S.

B. The Defendant, including the progress of the golf course leasing business, promoted the golf course leasing business from around 2006 to the land owned by the Defendant (hereinafter “instant clan land”). After that, since the fact, since 2006, the general assembly was held several times on the approval or ratification of various acts, etc. in the process of carrying out the said business, there has been differences among the clan members, and there has been still been a legal dispute over the validity of the resolution.

1) On September 15, 2006, the Defendant held a general meeting of shareholders on September 15, 2006 and elected U as the president (hereinafter “representative”). The Defendant decided to lease the instant clan land to V (hereinafter “V”).

B) After that, six members of the Defendant’s clan W et al. filed a lawsuit against the Defendant seeking confirmation of invalidity of the resolution of the general meeting of shareholders on September 15, 2006 by the Suwon District Court 2007Gahap24582. In the case of Seoul High Court 2009Na1568, the appellate court of the instant case, the above court sentenced on July 23, 2010 that each resolution of the above general meeting is null and void on the grounds that the Defendant did not individually give notice to female clan members while holding the above general meeting, and the above judgment became final and conclusive on February 1, 2008.

(B) The Defendant entered into a lease agreement with V and thereafter, on February 1, 2008.

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