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1. The plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. Defendant E is a clan consisting of adult male and female descendants from among the descendants of I who are 15 years of age of G H (hereinafter “Defendant E clan”), and Defendant F clan is a clan consisting of adult male and female descendants from among the descendants of J who are 16 years of age of H (hereinafter “Defendant F clan”).
The Plaintiffs are members of the Defendants, and Plaintiff A was elected as the chairperson of the Defendants on March 1, 2014 and performed the clan duties. The term of office expires as of March 1, 2017.
The defendants are identical to the members and clan rules, and the operation, such as holding a general meeting, has also been carried out.
B. According to the defendants' clan rules enforced before March 1, 2012, the officers shall have one chairperson, two vice-chairpersons, one secretary general, one financial officer, two auditors, and seven operating members (Article 8); the term of officers shall be three years (Articles 12 and 29); the above officers shall be elected at the general meeting (Article 11); the day of each clan general meeting shall be March 1 of each year (Article 14); the general meeting shall be established only with the members present regardless of the number of members of the clans present at the general meeting; and the general meeting shall be approved with the consent of two-thirds or more of the members present at the general meeting.
The voting method is based on the number of hands, standing or voting (Article 20), and it is prescribed that anyone can not exercise his/her voting right by proxy.
§ 15). (c)
On March 1, 2017, the defendants tried to hold a general meeting of the general meeting of the clans (hereinafter referred to as the "general meeting of the clans of this case") to elect the chairperson of each clans, and the general meeting of the clans of this case 103 among the members of the clan attended.
In the instant clan General Assembly, K was elected as the Speaker pro tempore, and the voting for election of the president of the clan was held in the way of the establishment of a clan with Plaintiff A and L as the candidates for the president of the Defendants.
As a result of voting, the number of plaintiffs A and L obtained each 51 votes was the same.
Plaintiff
A is the Speaker pro tempore, for the reason that “a female three persons, from among those admitted to L, shall not be qualified as a member of the Council.”