1. The instant lawsuit was concluded on January 4, 2016 as the withdrawal of the lawsuit.

2. The costs of the lawsuit incurred after the completion of the lawsuit are individually considered.

1. According to the records of this case, it is recognized that the Plaintiff submitted a written withdrawal of the lawsuit to the competent court on January 4, 2016. The Plaintiff’s instant lawsuit against the Defendants became effective, and thus the withdrawal was terminated.

2. As to this, the Plaintiff asserted that R is the chairperson of the Plaintiff, and that the resolution of the provisional clan on October 25, 2015 (hereinafter “the special general meeting of this case”) of the Plaintiff, who elected R as the chairperson of the Plaintiff, was not convened by the legitimate convening authority, and that the withdrawal of the lawsuit is null and void since a considerable number of clan members were held without the convening authority. Thus, the said written resolution is invalid as it is by a person without authority.

3. First, we examine whether the Plaintiff’s extraordinary general meeting of this case was convened by a legitimate convening authority.

Although the members of a clan have requested a legitimate convening authority in accordance with the rules of the clan or the convening authority of the general meeting of a clan for the management or disposition of the property of the clan, or the members of the clan, who are the convening authority of the general meeting of the clan, to convene the necessary special meeting of the clan, if the convening authority fails to comply with such request without justifiable grounds, he/she may convene the general meeting on behalf of the convening authority, and it does not necessarily require an auditor to convene the general meeting or to convene the general meeting with the permission of the court by applying Article 70 of the Civil Act mutatis mutandis.

(see, e.g., Supreme Court Decision 2010Da83199, Feb. 10, 201). According to the records, upon the request of the members of 150 Plaintiff clans, including Defendant P, to convene an extraordinary general meeting for the dismissal and election of the chairperson against the Plaintiff clans as of September 14, 2015 (hereinafter referred to as “instant request for the convocation of a meeting”), S sent a letter of explanation and confirmed the intention of the members at a certain point of time.