종중대표자지위확인
1. All of the plaintiffs' lawsuits against the defendants are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Facts of recognition;
A. The plaintiff A (hereinafter referred to as the "Plaintiff clan") is a clan consisting of the members of the clan, the purpose of which is to protect the graves of the common ancestor and to promote friendship among the members of the common ancestor, and the descendants of the common ancestor as its members.
B. Around June 2014, when the representative of the Plaintiff clan was vacant, the Plaintiff C et al. found I (29 years of age) among the members of the Plaintiff clan and requested the convening of an extraordinary general meeting for the opening of the clan and the amendment of the Rules of the clan, but the said I refused the convening of the meeting. The J sent a notice of convening an extraordinary general meeting on June 11, 2014 to 414 members of the Plaintiff clan, who were the next senior members of the Plaintiff clan, as the auditor of the Plaintiff clan, as the member of the next order of the clan, sent a notice of convening an extraordinary general meeting on June 20, 2014, stating that the amendment of the Rules of the clan and the election of the head of the new clan shall be an agenda item.
C. On June 20, 2014, the general meeting of the Plaintiff clan (hereinafter “the general meeting of this case”) attended by 160 members including 107 members of the clan who submitted their power of representation, and with the consent of a majority of the members present, the resolution was passed to appoint Plaintiff C as the chairperson of the Plaintiff clan.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3, 4, 8, 9, 10 (including each number, if any; hereinafter the same shall apply) and the purport of the whole pleadings
2. We examine the legitimacy of the Plaintiff C’s lawsuit against the Defendants, ex officio, on the determination of the Plaintiff C’s lawsuit against the Defendants.
A lawsuit seeking the affirmative confirmation of the status of a representative against an individual of the clan who asserts as a representative of the clan does not object to the clan, even if the judgment accepting such a claim is declared, the judgment cannot be deemed to be effective to the clan, so it cannot be the most effective way to resolve the dispute between the parties surrounding the status of the representative, and therefore, the benefit of confirmation.