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(영문) 서울고등법원(춘천) 2020.02.12 2019나51435
경정등기말소청구 등
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal are the first instance court of G ( Address AC in the original state) indicated as the representative of the Plaintiff.

Reasons

1. The reasoning of the judgment of the court of first instance cited in the main sentence of Article 420 of the Civil Procedure Act is the same as that of the judgment of the court of first instance, except where the plaintiff added the following '2. Additional Judgment' as to the assertion that the plaintiff emphasizes or adds to this court.

2. Additional determination

A. With respect to the legitimacy of the lawsuit of this case asserted by the plaintiff clan, the plaintiff clan was in this court, and "the plaintiff clans demanded that the members of the plaintiff clan convene a general meeting in order to hold the general meeting, but the GapE and the AF refused to convene the general meeting without justifiable grounds. Accordingly, the plaintiff clans decided to organize an emergency countermeasure committee and hold the general meeting on November 30, 2019, and G, the representative of the emergency countermeasure committee, who is the representative of the non-governmental countermeasure committee, was clearly delegated by the plaintiff clans, to whom it is possible to notify the plaintiff's members. Accordingly, on November 30, 2019, the plaintiff clan selected G as the representative of the plaintiff clans and confirmed the lawsuit of this case."

B. Determination A) Although a clan member requested the legitimate convening authority in accordance with the rules of a clan or the convening authority of a general meeting of a clan for the management or disposition of the clan's property, if the convening authority does not comply with the request without justifiable grounds, the member of the clan or the promoters (a proposer who requested the convening authority of the general meeting) may convene the general meeting on behalf of the convening authority (see, e.g., Supreme Court Decision 2010Da8319, 83205, Feb. 10, 201). Meanwhile, in order to hold the general meeting of a clan, the scope of the members of the clan who are subject to convening authority by making a reasonable effort.

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