1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Whether the lawsuit of this case is legitimate

A. There is a defect in the convening procedure of the provisional clan on May 5, 2016 (hereinafter “instant clan”) convened by Defendant C, D, and E to file the instant lawsuit.

Therefore, the resolution of the clan General Meeting of this case is null and void, and the lawsuit of this case brought therefrom is unlawful.

(A) The lawsuit against the Defendant B is lawful ex officio. (b)

Judgment

In order to hold a clan general meeting, the convening authority shall determine the scope of the members of the clan subject to a convocation notice by making reasonable efforts as possible, and identify the whereabouts of the members of the clan, and shall individually notify the members of the meeting to whom it is possible to notify that they have resided in the Republic of Korea.

The method of the notice of convening a general meeting shall not be necessarily required in writing, but it shall be done orally or by telephone, or even through another head of a household or by head of a household, but it shall not be deemed that the notice was legitimate only by informing the representative of a general meeting to the branch or by place of residence.

In addition, the resolution of a clan general meeting held without convening a notice to some of the members who can be notified shall not have the effect.

(see, e.g., Supreme Court Decision 2013Da24382, Nov. 27, 2014). With respect to the instant case, it is insufficient to recognize that each description of health stand and evidence Nos. 7 through 9 (including the serial number) has been individually notified to all members of the clans who are notified in holding the instant clans meeting, and there is no other evidence to acknowledge it.

Rather, in light of the following circumstances recognized by comprehensively considering the overall purport of the statements and arguments set forth in Gap evidence 7 (including family numbers), Gap evidence 9-8 through 11, Eul evidence 4 and 5 (including family numbers), the general meeting of the clan of this case where the lawsuit of this case was resolved is held without giving notice to some members of the clan for which the notice can be given.