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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
Facts of recognition
The court's explanation on this part is the same as the corresponding part of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
The summary of the defendant's assertion on the previous defense of the merits was elected by the provisional clan General Assembly in around 2008, but the term of office expires as of December 31, 2010, and therefore there is no representative authority.
After the expiration of the H’s term of office, the Plaintiff’s clan did not elect the president of the clan so long, and the lawsuit of this case filed without convening the general meeting of clans without the representative shall be dismissed as unlawful.
Plaintiff
The provisional general meeting of the clan dated November 27, 2016 was not convened by the legitimate convening authority, and the resolution that the above temporary general meeting of the clan appoints H as the president of the plaintiff clan is null and void, because some of the clan members did not call a notice for convening the temporary general meeting of the clans, and the lawsuit of this case is still unlawful.
Judgment
Comprehensively taking into account the evidence and the purport of the whole argument in the record of the above facts, ① the rules of the plaintiff clan: ① the council of the plaintiff clan shall be elected by one chairperson representing the clan and one vice-chairperson assisting the chairperson; the chairperson shall act for the chairperson; the vice-chairperson shall act for the chairperson; and the term of office for the director shall be five years before the expiration of the term; and the term of office for the appointed officer shall be the remaining term of office of the predecessor; ② the plaintiff clan made a resolution to appoint a new representative after the death of the president who was the president, who was the vice-chairperson, was not appointed as the representative of the H on October 28, 2006; ③ the plaintiff clan shall hold a temporary general meeting on March 23, 2008; and thereafter, the plaintiff clan shall hold a temporary general meeting on March 23, 2008.