The method of convening a clan general meeting if the legitimate convening authority of the clan does not comply with the legitimate convening requirement of the clan members;

In order to manage or dispose of the property of a clan, etc., if a clan member demands to convene an extraordinary general meeting of the clan necessary for the members of the clan, who is a legitimate convening authority in accordance with the rules of the clan or the convening authority of the general meeting of the clan, but the convening authority fails to comply with such request without justifiable grounds, the seat or promoters of the clan may call such general meeting on behalf of the convening authority.

Articles 31 and 71 of the Civil Act

Supreme Court Decision 92Da54180 delivered on August 24, 1993 (Gong1993Sang, 1170), Supreme Court Decision 94Da53563 delivered on June 16, 1995 (Gong1995Ha, 2501) (Gong195Ha, 2501)

Sadong Saly Saly Sazin

Defendant (Attorney Hong-chul et al., Counsel for the defendant-appellant)

Suwon District Court Decision 96Na3613 delivered on May 30, 1997

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

The defendant's attorney's grounds of appeal are examined.

1. On the first ground for appeal

In order to manage or dispose of the property of the clan, the members of the clan requested the convening authority of the general meeting of the clan pursuant to the regulations of the clan or the convening authority of the general meeting of the clan, who is the person holding the convening authority of the general meeting of the clan, to convene the general meeting of the clan, but if the convening authority fails to comply with it without justifiable reasons, the member or the promoters may convene the general meeting on behalf of the convening authority (see Supreme Court Decision 94Da53563, Jun. 16, 1995). Accordingly, the court below did not err in the misapprehension of legal principles as to the procedures for convening the general meeting and the selection of the clan, as alleged in the ground of appeal, in litigation concerning the property of the clan of this case against the defendant, all of the members of the plaintiff clan except the defendant and the non-party who are the children of the defendant among the members of the clan, who are the members of the general meeting of the general meeting of the clan, who are the persons holding the convening authority of the general meeting of the clan.

2. On the second ground for appeal

Examining the evidence prepared by the court below in light of the records, the fact-finding and decision of the court below that the plaintiff clan was entrusted to the defendant who is the cause of the clan for each land of this case and completed the registration of preservation of ownership in the name of the defendant shall be justified, and since the registration of the trustee's name was made pursuant to the former Act on Special Measures for the Registration, etc. of Forest and Forest Ownership (Act No. 2111), it cannot be recognized that such registration is a registration of title trust. Thus, there is no violation of the rules of evidence, violation of the principle of free evaluation of evidence, violation of the principle of free evaluation of evidence due to the non-exercise of the right to name and incomplete deliberation, etc., and there is no error of law

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 Song Jin-hun (Presiding Justice)