The judgment below is reversed and the case is remanded to Seoul High Court.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. The representative of a clan shall be appointed according to the rules or practices of the clan, and if not, the head of the clan or the head of the door shall convene and elect persons of age or older among the members of the clan, and if not, the head of the clan does not have the head of the clan or the head of the door, and if not, unless there is any rules or practices regarding the appointment of the head of the clan, he shall notify the members of the existing family or the head of the clan who are obviously residing in the Republic of Korea and shall convene a general meeting and appoint the representative of the clan at that meeting.

A member of the family who has the right to convene a clan general meeting held to appoint a representative is the highest and the highest among all members of the clan, including women, who have the right to convene a clan general meeting.

However, there are cases where the life or death of a member of a family who is determined accordingly is unknown or does not contact with him/her based on data such as a family report, so it is sufficient to identify whether he/she is alive or contact with a member of a family council within the extent possible to contact by ascertaining whether he/she is alive or contact with the method recognized as possible by social norms.

(See Supreme Court Decision 2009Da26596 Decided December 9, 2010). (See Supreme Court Decision 2009Da26596, Dec. 9, 201) Reviewing the reasoning of the lower judgment, the evidence duly admitted, and the materials submitted by the Plaintiff in the trial reveals the following facts.

Plaintiff

On June 1, 2012, a clan issued a notice of convening an extraordinary general meeting to 135 members of the clan who have a 135-year-old defense (BHP’s 20 years-old defense). Accordingly, on June 16, 2012, U was elected from the extraordinary general meeting held on June 16, 2012 as the chairperson of the Plaintiff clan and resolved to ratification the filing of the instant lawsuit.

B. The Plaintiff’s clan is once again on October 22, 2012.