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(영문) 대전지방법원 2018.11.28 2018가합100957
종중결의무효확인의 소
Text

1. The Defendants confirm that each resolution listed in the separate sheet in the separate sheet prepared by the Defendants at the extraordinary general meeting of November 20, 2017 is invalid.

2...

Reasons

Basic Facts

The defendant G clans Association (hereinafter referred to as the "Defendant G clans Association") is a clan of which I is a joint ancestor, and the defendant H clan is a clan of which I is a joint ancestor of his own identity (hereinafter referred to as the "Defendant H clan," and refers to the defendant G clan and the defendant's clan, and the plaintiffs are the members of the defendants' clan.

On November 20, 2017, which is the date of J, the Defendants held a general meeting (hereinafter “instant general meeting”) and made each resolution in the attached list (hereinafter “instant resolution”).

The Plaintiffs filed an application for provisional injunction against K, who was appointed as the representative of the Defendants through the instant resolution, with the Daejeon District Court 2018Kahap5060, and on April 18, 2018, the said court accepted the application for provisional injunction on the ground that “A notice is necessary to hold the general meeting of this case, but the general meeting of this case, which was held without the notice of convening, shall not have the effect of appointing K as the representative” and decided that K shall not perform the duties of the representative of the Defendants’ clan until the instant judgment becomes final and conclusive.

Therefore, while K filed an objection to provisional disposition with the Daejeon District Court 2018Kahap66, the above court dismissed the above objection on August 1, 2018, and K filed an appeal with the Daejeon High Court 2018Ra215 at the present Daejeon High Court.

[Reasons for Recognition] The summary of the plaintiffs' arguments in the purport of the overall arguments and arguments of Gap's 1, 2, 3, 7, 8, Eul's 1, 2, 5, and 6, the summary of the plaintiffs' arguments falls under an extraordinary general meeting. The general meeting of this case is null and void since it did not go through legitimate convening procedures. Thus, the resolution of this case by the general meeting of this case, which was conducted at the meeting of this case

The defendants' arguments held a clan regularly on the date when they set the time system in practice. The general assembly of this case held on November 20, 2017, which was the date of J's ruling, did not require a separate convocation procedure as an ordinary general meeting. Thus, this case's general meeting was held on November 20, 201.

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