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(영문) 대법원 2015.07.23 2015다15146
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Text

All appeals are dismissed.

The costs of appeal are assessed against theO indicated as the representative of the plaintiff.

Reasons

The grounds of appeal are examined.

1. According to the reasoning of the lower judgment regarding the validity of the resolution of the general meeting by the year 2010, the lower court determined that all the resolutions made at each of the above general meetings are invalid, on the grounds that the resolution was defective in the convocation procedure, on the following grounds: (a) the board of directors was elected as the Plaintiff’s representative; and (b) the general meeting of August 9, 2008; (c) the general meeting of January 30, 2010; and (d) the special meeting of June 12, 2010, which was adopted by the

In light of the relevant legal principles and records, the above determination by the court below is just and acceptable, and there were no errors by failing to exhaust all necessary deliberations or by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on the convening of a clan general meeting and the validity of resolution

2. As to the ratification of procedural acts in the final appeal

A. The procedural acts conducted by the representative of an unincorporated association shall have retroactive effect upon the ratification of the procedural acts by the representative who lawfully acquired the qualification as the representative after the procedural acts conducted by the representative, and such ratification may also be conducted in the final appeal.

(see, e.g., Supreme Court Decision 2014Da29483, Aug. 20, 2014). Meanwhile, the representative of a clan shall be appointed according to the rules or practices of the clan, and if not, the head of the clan or the head of the door shall convene and elect an adult or higher person among its members, and if not, the head of the clan or the head of the door shall not be appointed to the clan, and if there are no rules or practices regarding the appointment of the clans, it is common customs to notify the existing members of the clan who have become the head of the clan or the head of the door, and to convene a clan general meeting and to appoint a clan representative at that meeting, and there is no reason to exclude women in determining the resistance of the year with the authority to convene the general meeting of the clans held to appoint the representative.

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