Text
1. The instant lawsuit shall be dismissed.
2. The costs of the lawsuit shall be borne by I.
Reasons
Defendant B and C asserted to the effect that the lawsuit of this case is unlawful, since it is not a legitimate clan representative (elective in accordance with lawful convening procedures) of the I alleged as the representative of the Plaintiff, the lawsuit of this case is instituted by a person who has no representative authority.
In case of convening the general meeting of a clan to appoint its representative, it is common customs to elect the clan according to the regulations or practices of the clan, and if there is no such regulations or practices, the head of the clan or the head of the Dong shall convene and elect persons of adult age or older among its members; and if there is no rules or practices regarding the appointment of the head of the clan nor the head of the clan is appointed to the clan, and if there is no rules or practices regarding the appointment of the head of the clan, the highest and the lowest number of the members of the clan who live there is no provision or practices regarding the appointment of the head of the clan from among their members who live in the clan, and notify the members of the general meeting and convene the general meeting and select the representative of the clan by a resolution of
(see, e.g., Supreme Court Decision 2009Da26596, Dec. 9, 2010). Meanwhile, a clan general meeting shall have no effect on a resolution of the general meeting of a clan meeting held without a notification for convening a meeting, discussion, and resolution by each of the members of the clan, by individually convening a notification to all the members of the clan who are able to participate in the meeting, discussion, and resolution because the scope of the members of the clan, which are subject to notification for convening a meeting, is determined by the clan, and their whereabouts are clearly residing
(See Supreme Court Decision 200Da17582 Decided July 6, 200, Supreme Court Decision 99Da32257 Decided June 29, 2001, Supreme Court Decision 2006Da74273 Decided March 29, 2007, etc.). According to the health care unit and the statement of evidence No. 4 regarding the existence of the I’s power of representation in the lawsuit of this case (after the JJ, which was the former representative of the plaintiff, died on June 6, 2009) as to the existence of the I’s power of representation in the lawsuit of this case, the I was elected as the Plaintiff’s representative at the clan general meeting of June 8, 2014, where 10 of the Plaintiff’s total members among all the 10 members of the Plaintiff’s clan were elected as the Plaintiff’s representative.