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1. A resolution that the Defendant appointed C as the president at an extraordinary general meeting on February 16, 2013 is invalid.
2...
Reasons
1. Basic facts
A. Defendant clan is a clan that is five years of age for D Si and its son F as a joint ancestor and is comprised of descendants, and the Plaintiff is a full-time representative of Defendant clan as its members.
B. On February 16, 2013, the general meeting of the defendant clan (hereinafter “the general meeting of this case”) held around 13:00, at around 16:36, 36 members of the clan attended a resolution to dismiss the members of the clan at the time (the president, vice-chairperson, auditor, director, and secretary) and to elect C, etc. as new officers of the defendant clan (hereinafter “resolution to elect C as new president”; hereinafter “the resolution of this case”).
[Reasons for Recognition] Facts without dispute, Gap evidence 3-1, 2-10, Gap evidence 4-10, the purport of the whole pleadings
2. Judgment on the plaintiff's claim
A. Unless there are special circumstances, a clan general meeting shall include not only all members of the clan recorded in the clan but also those of the clan who are not recorded in the clan, and shall be given an opportunity for each member to participate in meetings, discussions, and resolutions by individually giving notice to all members of the clan who are clearly residing in Korea and whose whereabouts are able to be notified, and the resolution of the clan general meeting held without lack of notice for convocation to some members of the clan shall not take effect. However, the method of notification for convocation shall not be necessarily required in writing directly, but it shall be done orally or by telephone, and even by another clan or by telephone, it shall not be deemed that the convening authority has lawfully notified the general meeting to the representative of the branch or by residence, and the resolution at the special meeting of the clan held without notice for convocation to all members of the clan. It shall be null and void.
Supreme Court Decision 93Da45244 delivered on June 14, 1994, and July 6, 2000