In a case where Party A adopted a resolution to hold a general meeting of clan B to elect its representative and then ratified the said resolution by holding a temporary clan meeting in preparation for the case where the above resolution becomes null and void, the case holding that Party B, elected as above, is a legitimate representative of Party A, in case where Party A adopted a resolution to elect him as Party B.

Article 31 of the Civil Act, Article 52 of the Civil Procedure Act

Jincheon-Jak-gu Seoul High Court Decision 201Na14484 decided May 1, 201

Defendant (Law Firm Ba, Attorneys Kim Young-chul et al., Counsel for the defendant-appellant)

Daejeon High Court (Cheongju) Decision 2009Na14 Decided October 15, 2009

The appeal is dismissed. The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

1. According to the reasoning of the judgment below and the records, the plaintiff clan held the general meeting of the clan on November 21, 2007 where the lawsuit of the court of first instance was pending, and passed a resolution to select the non-party 1 as the representative. In preparation for the case where the above resolution becomes null and void, the plaintiff clan held the temporary general meeting on March 30, 2008 and ratified the above resolution on November 21, 2007 or passed a resolution to select the non-party 1 as the representative. Thus, the judgment of the court below on the premise that the non-party 1 elected as above is a legitimate representative of the plaintiff clan is just, and the grounds for appeal disputing it cannot be accepted.

2. The court below held that the plaintiff's clan held that the plaintiff's clan held the title trust of the forest land of this case to the deceased non-party 2 who is the defendant's fleet, by taking into account various circumstances as stated in its reasoning, such as the present status and details of the original clan book, the acceptance of real estate and the receipt of compensation money as stated in the attached Table 2 of the judgment below, the possession and management status of the real estate of this case, the present status of the real estate of this case and neighboring land, the status of the property owned by the plaintiff's clan, and the receipt of compensation for confinement, which are recognized by the evidence adopted. In light of the records, the above recognition and

3. Therefore, the appeal is dismissed and all costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Yang Chang-soo (Presiding Justice)