1. The parties' assertion

A. The plaintiff's assertion is a clan subordinate to the Dials Association that is a clan of the 10-year-old clan H and the Jics Association that is a clan of the 15-year-old senior clan of the 15-year-old senior clan I, which is a natural relative organization that consists of "M" among the 15-year-old descendants, K, L, and M, and the plaintiff is a descendants of the 16-year-old senior descendants, and the plaintiff is a member of the defendant's clan.

However, on March 13, 2010, the defendant opened a general meeting to elect C as the defendant's representative, and passed a resolution to recommend AG and AH as a director of the AF Foundation. The above resolution is invalid due to the defect in the convocation procedure.

In addition, on April 26, 2015, the Defendant passed a resolution to establish the so-called “F language” in which 16 years old and female descendants are members of the 16th regular meeting. This is not only an impossible resolution by its content itself, but also a resolution by its contents, and there is a defect that there is no resolution on the defect that the resolution was made by C, the representative elected by the resolution on March 10, 2013, and the notification of convening a meeting. Thus, the above resolution has a serious defect and absence.

B. The Defendant’s assertion first of all is unlawful because the Plaintiff changed the claim in exchange for the former and the new claim are not identical to the former claim.

피고는 16세손 M의 후손으로 이루어진 고유한 의미의 종중이 아니라, M의 후손 일부가 공동으로 재산을 출연하여 결성한 종중 유사단체인 일명 ‘O문계(O文契)’를 계승한 단체로서 피고의 법적 성격은 종중 유사단체이고, 원고의 선대로 볼 수 있는 부(父) P이나 조부(祖父)인 Q이 O문계의 구성원이 아니므로, 원고는 피고의 종원이 아니다.

Therefore, the plaintiff has the interest in legal confirmation against the resolution made at the general meeting of the defendant.