A. Effectiveness of the resignation of a clan director

(b) The case holding that there is no legal interest in a claim seeking the non-existence of a resolution or the claim for nullification of a resolution, even though the general meeting passed a resolution to accept the resignation after the chairperson submitted a letter of resignation to the vice-chairperson to act as the president on behalf of the president

A. The relationship between a clan which is an unincorporated association and a director who is its organization may resign at any time as a contractual relationship similar to delegation (Article 689(1) of the Civil Code). In such a case, unless otherwise stipulated in the clan rules, etc., the expression of intention to resign shall take effect upon arrival of the representative. In the case of the resignation of the representative of a clan, the resignation shall take effect upon arrival of the person who is to act as the representative, and the resignation shall not take effect after such resignation takes effect.

(b) The case holding that there is no legal interest in a claim seeking the non-existence of a resolution or the claim for nullification of a resolution, even though the general meeting passed a resolution to accept the resignation after the president submitted a letter of resignation to the vice president who is an acting director for the chairman’s notice

(b)Article 689(1) of the Civil Code, Article 48 of the Civil Procedure Act, Article 226 of the Civil Procedure Act (Article 226)

Attorney Kim Yong-ju, et al., Counsel for the defendant-appellant

[Defendant-Appellee] Kicheon-Jak (Attorney Kim Jong-soo, Counsel for defendant-appellee)

Seoul High Court Decision 90Na11532 delivered on September 11, 1990

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

We examine the grounds of appeal.

(1) The relationship between a clan that is an unincorporated association and a director that is its organization may resign at any time as a contractual relationship similar to delegation (Article 689(1) of the Civil Code). In this case, the expression of intention to resign shall take effect upon arrival of the representative, unless otherwise stipulated in the clan regulations, etc. In the case of the resignation of the representative of a clan, the resignation shall take effect upon arrival of the person who will act as the representative, and the resignation shall not take effect after such resignation takes effect.

In the above purport, the court below is just in rejecting the plaintiff's assertion that the above declaration of resignation was not effective because it did not reach the defendant or the declaration of intention of resignation was withdrawn after it was delivered to the defendant's branch office, and thus, it did not contain any error of law such as misapprehension of legal principles, since the above declaration of intention of resignation was not effective because it was not delivered to the defendant or the above declaration of intention of resignation was withdrawn after it was delivered to the defendant branch office on June 26, 198 by the closure rules of the defendant branch office.

In addition, there was a fact that at the special meeting of July 10, 1988, there was a resolution to accept the resignation by presenting the case of the resignation of the Nonparty, who was the representative of the Defendant branch, as an agenda item, at the special meeting of the Defendant branch, the resignation of the representative at the Defendant branch cannot be said to be a practice that takes effect only with the resolution of acceptance of the general meeting, and there is no evidence to view that there was such a practice in the Defendant branch, even if examining the record. There is no reason

(2) In addition, as long as it is deemed that the decline has legal effect upon the submission of a letter of resignation to the lap Hong, a vice-chairperson on June 26, 1988, as seen above, since the resolution of the general assembly on July 10, 198 to accept the resignation of the president of the lapate, even if it was adopted on July 10, 198, the non-existence of the above resolution or the claim for nullification cannot be said to have no legal interest in the lawsuit.

It appears that the court below's rejection of the suit in this case includes the judgment to that effect, and even if it had omitted the determination on the claim in this part, it cannot be seen as a ground for reversal of the judgment below since it did not affect the result of the judgment dismissing the suit in this case.

(3) Examining the evidence of the court below in light of the records, it is justified in the court below's rejection of the plaintiff's assertion that there was no violation of the rules of evidence concerning the selection and appointment of the chairman of the general assembly, since there was no violation of the rules of evidence against the law by selecting the officers of the general assembly, and since there was no violation of the rules of evidence concerning the selection and appointment of the chairman of the general assembly, such as the non-standing directors of the large community as the temporary leather and the peace of the small and medium community as the president, and the non-standing directors of the small and medium community as the non-standing directors of the small and medium community as the president's president's right to appoint the remaining officers including the vice-chairman in a lump sum, and there was no violation of the rules of evidence concerning the selection and appointment of the chairman of the general assembly as the vice-chairman's right to appoint the chairman of the general assembly, and there was no violation of the rules of evidence concerning the selection and appointment of the chairman of the small and medium council as the vice-chairman's representative's right to appoint the above.

(4) Therefore, all appeals are dismissed, and the 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 Lee Woo-soo (Presiding Justice)