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(영문) 청주지방법원 2019.11.08 2018가합6454
종중총회 부존재 확인 등
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The status of the parties in the defendant B's family (hereinafter "the defendant clan") is the clan member of the defendant clan with the purpose of protecting the graves of his clan, conducting religious services, and promoting friendship as his descendants who are 20 or more years old among his descendants. The plaintiff is the defendant clan member of his clan.

B. On November 27, 2004, the defendant clan held a clan meeting on November 27, 2004, and passed a resolution to elect C as the representative of the clan and F as the general secretary (hereinafter the above general meeting is referred to as "the first clan general meeting resolution" and its resolution shall be referred to as "the first general meeting resolution".

(2) Upon the resolution of the first general meeting, C, which has become the representative of the defendant clan, was held on January 18, 2009 by notifying the convening of the general meeting of the clan, and the general meeting was held on January 18, 2009 by the resolution of the defendant clan, and the resolution of the "other agenda" (hereinafter the above general meeting is referred to as the "second general meeting of clans" and the resolution of the second general meeting was made with the content that ① is recognized as the members of the clans, ② the election of the members of the clans, ② the appointment of the members of the clans, ③ the case of the election of the members of the clans G members of the clans (H, I, and J), ③ the resolution of the "other agenda" with the content that the members of the clan will not receive operational funds from the female members (hereinafter the above general meeting is referred to as the "public meeting of clans" and the resolution of the second general meeting is referred to as the "resolution resolution").

C. After the progress of the relevant civil case, the Defendant 1 filed a lawsuit for ownership transfer registration with the Cheongju District Court 2009Kadan22815, which was the representative of F, and the Defendant 1 filed a lawsuit against H, etc. with the Cheongju District Court 209Kadan22815. Since the resolution of the 2nd Assembly was procedural defect, F did not have the qualification of representative, thereby making a

Accordingly, on August 12, 2010, the above court rejected the defense of the above principal security, such as H, by deeming that F was selected and appointed as the representative of the defendant clan through lawful procedures by the second clan general meeting.

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