종중유사의 권리능력 없는 사단확인
1. The instant lawsuit shall be dismissed.
2. The litigation costs are assessed against C who is represented by the plaintiff.
1. Basic facts
A. The defendant is a clan that is comprised of descendants of DC 25 years old E, which is the middle group of DC 25 years old E
B. The Defendant: (a) died on April 17, 2015 of the Defendant’s clans (DC 39 years of age) and F, a representative; (b) held an extraordinary general meeting on May 21, 2016 according to the convening public notice of G, who is the colon, and elected F’s largest children as the Defendant’s representative; and (c) H is the representative of the Defendant’s clan until now.
C. Meanwhile, on November 26, 2015, C constituted an emergency countermeasure committee with some of the Defendant’s senior members, and was elected as the chairperson of the emergency countermeasure committee.
On January 9, 2016, C and emergency response committee members announced the opening of the special meeting under the name of the emergency response committee, and I at the time sent a message or sent a telephone to the contact point on the paper list he knows.
Accordingly, at the special general meeting held on January 9, 2016, a resolution was made to appoint C as the president (representative).
After that, C sent a notice of convening an extraordinary general meeting to 72 members on July 8, 2017, and posted a notice of convening an extraordinary general meeting in a newspaper.
Accordingly, the special general meeting held on July 8, 2017 attended by 12 members, and 11 members present a power of delegation, and confirmed the resolution of the special general meeting on January 9, 2016 that appointed C as the president, and decided to file a civil lawsuit against F's wifeJ, etc. to recover the land owned by the clan.
E. C, as the representative of the clan in the same name as that of the Defendant clan, filed a lawsuit against J, etc. to request cancellation of ownership transfer registration (U.S. District Court 2017Gahap1773), while changing the representative of the real estate in the name of the Defendant from F to C, etc.
F. On January 9, 2016, the court of first instance of the said lawsuit ratified the extraordinary general meeting of the first instance, which appointed “C” as the president of the clan, and the resolution of appointment thereof, and the extraordinary general meeting of the July 8, 2017 when the filing of the instant lawsuit was resolved.