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(영문) 대구고등법원 2019.07.12 2018나22146
종중총회결의무효확인 등
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. In the first instance trial, the Plaintiffs sought confirmation of invalidity of each of the instant resolutions 1 to 4 made by the Defendant against the Defendant.

The first instance court dismissed the part of the claim for confirmation of invalidity of the first resolution of this case, and accepted each of the claims for confirmation of invalidity of the second and fourth resolutions of this case.

As a result, only the defendant appealed against the above part of the loss, the object of this Court's adjudication is limited to the claim for confirmation of invalidity of the resolution Nos. 2 and 4 of this case.

2. Basic facts

A. The Defendant’s status 1) P was 11 years of age of Q C C, Q C, and 16 years of age in the Joseon Dynasty, and was naturally formed by a clan that was made up of P as P and its descendants resided in the area of Gyeongbuk-gun, Chungcheongnam-gun. 2) Subsequent descendants of P consisted of subsequent descendants of QC 15 years of age, Q QC 16 years of age, and subsequent descendants of QC 16 years of age, QC 16 years of age (VV) (V) and subsequent descendants of QC 16 years of age, and there are no other descendants to P.

3) The defendant is a clan that consists of descendants of Qu C 16 years old as a joint ancestor (no dispute between the parties).

B) The ownership of real estate was determined on April 15, 1918 in the name of 263,108 square meters (hereinafter “forest land 263,108 square meters prior to the division”) in F, Dogdong-gun, G, and six other persons. On November 29, 1923, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B (three of them are descendants of U, 6 of them are descendants of W, and one of them is subsequent descendants of T, and is registered as ownership of 13 of the above B, etc. in the forest register.

2) On January 27, 1930, the forest land of 263,108 square meters prior to the division is 259,934 square meters of forest land in Gyeongbuk-gun, Chungcheongnam-do on January 27, 1930.

3) The forest land of this case and G forest land of 3,174 square meters (hereinafter “2 forest land”), and the forest land of this case are collectively referred to as “each forest of this case”

3) On November 21, 1964, in accordance with the relevant provisions of the Act on Special Measures for the Transfer of Real Estate Ownership, etc., BC, BO, BE, BP, BG, Q.

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