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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. The defendant is a clan that is a joint ancestor of E 56 years of age F (hereinafter referred to as the "Defendant clan").
나. 원고들은 피고 종중의 종중원이고, 그 중 원고 A은 피고 종중의 대종손(大宗孫)으로서 2013. 5. 13.까지 피고 종중의 대표자로 활동하였다.
C. On November 21, 2015, the Defendant clan concluded a sales contract for the said real estate on the grounds that a resolution was made to sell approximately 67,000 of the real estate owned by the Defendant clan to another person (hereinafter “instant general meeting and the instant resolution”).
【Ground of recognition】 Facts without dispute and purport of whole pleading
2. The assertion and judgment
A. On November 21, 2015, the Plaintiff’s argument that the Defendant clan only provided a clan funeral service.
The defendant clan did not hold the general assembly of this case on November 21, 2015, and there was no resolution of this case at the general assembly of this case.
Even if the general meeting of this case was held, non-party G, the present representative of the defendant clan, did not go through a legitimate notification for convening the general meeting of this case to some clan members including the plaintiffs, and the plaintiffs did not attend the general meeting of this case.
Therefore, the resolution of this case is null and void.
Furthermore, since the above G seeks to sell the above real estate owned by the defendant clan on the grounds of the invalid resolution of this case, there is a benefit to seek confirmation on the invalidity of the resolution of this case.
(b) Evidence A Nos. 2, 3, and 6 (including the number with each number; hereinafter the same shall apply)
(2) Each entry of the clan alone is insufficient to recognize the fact that the Defendant’s clan did not hold the instant assembly on November 21, 2015 or did not pass the instant resolution at the said assembly, and there is no other evidence to recognize it. (2) Rather, the clan assembly has determined the scope of the clan members subject to notification for convening a clan by the clan, unless there are special circumstances, such as the clan’s rules or practices.