Whether the clan rules that deprive the members of the clan residing outside a specific area of their voting rights are valid.

The clan rules which are highly likely to deprive some of the voting rights of the clan members of the voting rights of some clan members who reside in a specific area and reside in other areas by means of not giving voting rights are null and void against the essence of the clan.

Article 73 of the Civil Act

Supreme Court Decision 78Da1435 Decided September 26, 1978

A clan of Pungcheon, Sacheon, Sacheon

Defendant Park Byung-chul, Counsel for the defendant-appellant

Seoul High Court Decision 79Na1584 delivered on February 8, 1980

The judgment below is reversed and the case is remanded to Seoul High Court.

The grounds of appeal by the Plaintiff’s attorney are examined.

According to the reasoning of the judgment below, the court below elected the non-party as the representative of the plaintiff's clan at the general meeting of January 2, 1977 and decided to re-examine the non-party as the representative of the plaintiff's clan at the general meeting of March 18, 1978, but the non-party's resolution of the 1 and 2 clan is invalid because it decided that the resolution of the above 1 and 2 clan is less than the non-party's capacity provided for in Article 8 of the Rules of the plaintiff clan (A No. 7-2) and it is invalid in violation of Article 8 of the above Rules, and dismissed the plaintiff's lawsuit. However, since the clan is a natural group of the non-party's clan members for the purpose of protecting the graves of the common ancestor and promoting friendship among the members of the clans, it is reasonable to amend the Rules that it is invalid for the non-party to be disqualified for some members of the clans without the consent of the majority of the plaintiff's non-party's voting rights, and it is invalid for some reasons.

Therefore, the judgment of the court below cannot be maintained without a judgment on other points. Thus, the judgment below is reversed and remanded. It is so decided as per Disposition by the assent of all participating Justices.

Justices Presiding Justice (Presiding Justice)