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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by C;
Reasons
1. Basic facts
A. The number of the Plaintiff’s clan members is 9 descendants of D as a common ancestor and is comprised of descendants, and the total number of the clan members as of January 2013 reaches 95.
B. On February 27, 200, among the plaintiff clans, the general assembly passed a resolution to enact the clan regulations, and on January 24, 2010, the general assembly held an extraordinary general meeting and resolved to amend the said clan regulations. However, each of the above general assembly was ruled by the court on June 21, 2012 that "the resolution to enact and amend the above clan regulations shall be confirmed to be null and void all of the resolutions on June 21, 201 because there is a serious defect in the convening procedure," and the above judgment was dismissed and finalized as it is.
C. In the absence of legitimate rules and representatives with respect to the Plaintiff’s species due to the foregoing circumstances, F, who is the colon of Plaintiff’s clan, notified on November 13, 2013 that an extraordinary general meeting, the agenda of which is “the election of executives, the amendment of rules, and other pending clans” would be held as an agenda for the members of the clans among the members of the Plaintiff’s clans on November 13, 2013.
On November 27, 2013, 2013, 41 members, including the defendant, were present, and there was a conflict between C and the defendant about the meeting, and 13 members, including C, made a declaration of opening extraordinary meetings in front of the place of convening the special meeting, and made a resolution to select C as the chairperson.
On the other hand, the remaining 28 clan members declared the opening of the special general meeting at the place of convening the special general meeting, and resolution was made to select H as the chairperson and I as the vice-chairperson.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 3 through 5, 7 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence Nos. 1 through 3 and 7, the purport of the whole pleadings and arguments
2. Determination on the defense prior to the merits
A. The defendant is the main body of the plaintiff's assertion, and C is the representative of the plaintiff's paper and filed the lawsuit of this case.