1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit shall be borne by C.

1. Basic facts

A. The plaintiff is a clan consisting of descendants of Fmph E, 14 years of age.

B. On August 22, 2017, the Incheon District Court Decision 2016Gahap60408, which was filed by C and G against the Defendant, sentenced on August 22, 2017 that “a resolution at the general meeting of shareholders on April 5, 2015, which contains the contents of the appointment of H as president, etc., shall be confirmed as null and void,” and the judgment was finalized on June 28, 2018 by dismissal of appeal and dismissal of appeal.

C. After that, on July 5, 2018, I called an extraordinary general meeting where the Plaintiff alleged that he/she is the person who has a duty to resist, and the appointment, etc. of executive officers was resolved upon. Accordingly, at the Plaintiff’s extraordinary general meeting held on July 21, 2018, a resolution was passed to appoint C as the Plaintiff’s president with the consent of 73 members present at the meeting of 124 members among all 124 members present at the Plaintiff’s general meeting.

Plaintiff

On April 4, 2007, the clan completed the registration procedure for ownership transfer on January 5, 2007 with respect to the fourth-story building from Gyeyang-gu Incheon Gyeyang-gu, Incheon, for sale and purchase, and on January 17, 2008, the clan changed the use of 154.4 square meters among the fourth-story buildings into detached houses.

From June 22, 2009, the defendant resides in the above building K (hereinafter referred to as "the above real estate").

[Grounds for Recognition: Unsatisfic fact, entry of Gap evidence 1 through 9 (including virtual numbers), fact-finding reply by the head of Gyeyang-gu Incheon Metropolitan City, purport of all pleadings]

2. Determination on the defense prior to the merits

A. The Defendant’s assertion is unlawful inasmuch as the resolution of the general meeting of July 5, 2018, which appointed C as the president as follows, is null and void: (a) the instant lawsuit is filed by a person who has no power of representation.

1) As the resolution of the general meeting of shareholders dated April 5, 2015 becomes null and void, the former president of the Defendant (the former president in the briefs dated July 31, 2019) was entitled to perform his/her duties as the representative of the Plaintiff clan, claiming that he/she had the authority to perform duties with H as the former president.

However, there is no proof that the defendant did not respond to the request of the convening authority of the general meeting according to the clans Code, but I will hold the special meeting.