[소유권이전등기말소][집22(1)민,126;공1974.5.15.(488),7836]
In a resolution of a clan council, whether a representative who has not attended can make a resolution for subsequent consent if he/she has failed to attend the council and has made a resolution without falling short of the members of the clan;
Where the clan rules provide that two-thirds or more of registered representatives may be present and a resolution may be made by supporting two-thirds or more of the representatives present, if 15 of the total number of 25 representatives participated in a resolution, it may be deemed that the council of representatives has not been organized due to falling short of the gender members, and therefore, it shall not be possible that four persons agree later, and therefore, it shall not be recognized that the resolution of approval of the similar election of the above council of delegates is not acceptable.
Articles 275 and 276 of the Civil Act
[Defendant-Appellee] Defendant 1, Defendant 1 and 3 others
Attorney Jung-young, Justice Lee Young-chul, Counsel for the defendant-appellant
Seoul High Court Decision 73Na289 delivered on July 26, 1973
The original judgment is reversed, and the case is remanded to the Seoul High Court.
The grounds of appeal No. 1 by the Plaintiff’s attorney are examined.
According to the reasoning of the judgment of the court below, the court below held that the non-party 1 was the legitimate representative of the plaintiff clan by recognizing the fact that the non-party 1 was elected from the plaintiff clan to the Do-style, the representative of the plaintiff clan in accordance with the rules of the plaintiff clan, and that the non-party 1 was admitted to the plaintiff clan's advisory council (which seems to be a clerical error
However, according to the evidence evidence No. 3 adopted by the court below as above, 15 of the total number of representatives (the total number of representatives shall be recognized as non-party No. 1) shall be present at the meeting of the council of representatives of 25 of the non-party No. 25 of the non-party No. 3 of the judgment (the evidence No. 6 of the non-party No. 2 of the non-party No. 3 of the non-party No. 2 of the judgment) and the non-party No. 16 of the judgment shall not be found to be unlawful by the non-party No. 3 of the non-party No. 2 of the judgment and the non-party No. 1 of the non-party No. 3 of the non-party No. 3 of the judgment, and the non-party No. 2 of the court below's non-party No. 3 of the non-party No. 1 of the non-party No. 3 of the non-party No. 3 of the judgment shall be found to be non-party No. 1's. 3 of the non-party No. 9.
Therefore, without examining the remaining grounds of appeal, the original judgment is reversed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Kim Yoon-Jeng (Presiding Justice)