1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by D.

Purport of claim and appeal

judgment of the first instance.

1. Determination on the legitimacy of a lawsuit

A. The defendant asserts that the lawsuit of this case brought by D by attending the representative of the plaintiff as a lawful representative under the articles of incorporation of the plaintiff on June 10, 1994 is unlawful, although the defendant was not dismissed from office due to lawful procedures, and the plaintiff asserts that the plaintiff is only the representative of L who is not the plaintiff, and the minutes and articles of incorporation are arbitrarily created and carried out as the plaintiff's representative, and the present representative of the plaintiff is D. 2) The defendant asserts to the purport that the resolution of special general meeting of the plaintiff on January 10, 2010 when the plaintiff decided to bring the lawsuit of this case is not only convened by the defendant B but also has procedural defects such as not going through legitimate procedures for convening a general meeting of the plaintiff on January 10, 2010, and therefore, the lawsuit of this case is unlawful.

B. First, we examine whether D is a legitimate representative of the Plaintiff.

The general meeting of a clan shall be convened by its representative, and the general meeting of a clan convened by a member other than the representative shall not have the effect of a resolution adopted by the general meeting of the clan because it is inappropriate for a person not authorized to convene

(See Supreme Court Decision 2010Du2609 Decided May 27, 2010, etc.). However, in full view of the respective entries in the evidence Nos. 3 [the minutes of a clan (the selection of representative) and the Plaintiff’s assertion that this document was forged by the Defendant, but there is no evidence to acknowledge this, this part of the Plaintiff’s assertion is not accepted], 6 and 7 evidence (including the serial numbers), and the purport of the whole pleadings, the Plaintiff elected the Defendant as the Plaintiff’s representative on June 10, 1994, and prepared the articles of incorporation, and the above articles of incorporation are written by the Defendant B as the representative, and the term of office of the representative is written by the Defendant B, but may be dismissed if it does harm to the clan.