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1. The claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a member of the Defendant clan, and C is a person appointed as the representative at the general meeting of officers on March 1, 2013 and the special meeting of April 13, 2014.
B. On October 17, 2013, the Plaintiff filed a lawsuit against the Defendant clan to confirm the invalidity of the resolution of the clan general meeting by this court 2013Gahap661, and sentenced on October 17, 2013, that “a resolution that amended the rules of the clan on March 1, 2012 by the ordinary general meeting of the Defendant clan is null and void, and that the resolution on the election of officers at the general meeting of the officers of the Defendant clan is null and void.”
Accordingly, the Defendant’s clan appealed to the Gwangju High Court (Seoul High Court) No. 2013Na3625, and the said court rendered a decision to recommend reconciliation as declared by the first instance judgment on May 2, 2014, and the said decision became final and conclusive on May 23, 2014.
C. After the judgment of the first instance court was rendered on March 1, 2013, C, who was appointed as the representative of the Defendant clan, convened an extraordinary general meeting on December 14, 2013 of the Defendant clan. On March 1, 2012, the said general meeting revoked the resolution made at the general meeting of executive officers on March 1, 2013, and the resolution made again on the agenda for the election of executive officers.
On February 27, 2014, the Plaintiff filed an application against C, the representative of the Defendant clan, to suspend the execution of his/her duties, and this Court decided on February 27, 2014 that “C shall not perform the duties of the president of the Defendant clan until this Court 2013Gahap661 decided that D shall be appointed as an acting attorney during the execution of his/her duties.”
E. After that, on April 1, 2014, the said acting person sent a notice of convening an extraordinary general meeting on April 13, 2014 to all clan members whose address was identified at the time of the convocation, and the said acting person resolved on the agenda indicated in the separate sheet (hereinafter “instant resolution”) at the extraordinary general meeting held on April 13, 2014 (hereinafter “instant extraordinary general meeting”).
(f) the defendant.