Method of election of clan representatives;

In the absence of the regulations or customs of the clans, it is legitimate to appoint a clan representative with the consent of all members present according to the notification of legitimate convocation of general assembly to the members of the clan and the attendance of a majority of all members.

Article 114 of the Civil Act

Plaintiff clan

Defendant 1 and one other

Seoul Central District Court (68Ga8784) in the first instance trial (Supreme Court Decision 68Da8784)

Revocation of the original judgment

The case is remanded to Seoul Civil District Court Panel Division.

(1) Revocation of the original judgment shall be revoked.

(2) Defendant 2: (a) on May 17, 1968, received from Defendant 1 on May 17, 1968, the Seodaemun District Court Decision No. 18994, Defendant 2 on May 18, 1994, the registration of transfer of ownership by Defendant 2 on May 17, 196 with respect to 3 parts of 35 forest land in

(3) Defendant 1: (a) on August 9, 1967, the receipt of the above registry on August 9, 1967 by Nonparty 1; and (b) on Defendant 1’s transfer of ownership

(4) implement each procedure for registration of cancellation.

(5) The costs of lawsuit are assessed against the Defendants in both the first and second instances.

In full view of each of the statements in Gap evidence Nos. 9 (Extraordinary General Meeting Minutes), No. 10 (Regulations), No. 3-1 (Agreement), No. 3-2 (Resolution), and No. 8 (Protocol of General Meeting) of the court below's witness Gap's testimony that the authenticity is recognized by the testimony of non-party No. 2 as to whether the lawsuit was brought by the legitimate representative of the plaintiff clan, the majority majority male who is the cause of the clan is 52, and six of the promoters are appointed to the clan on Aug. 1, 1968 with the consent of all the members of the clan.

The rules, such as the name and seal of the members of the clan, shall be established, and only 6 promoters shall sign and seal the rules, with the consent of 6 promoters, and the election of the representative of the non-party 4's clan with the consent of 52 members, and the non-party 4 did not elect with the consent of 52 members of the clan. On December 1, 1968, the non-party 4 convened a regular general meeting on August 1, 1968 and joined the above rules and the election of non-party 4 on August 1, 1968, and notified 52 members of the special general meeting of the plaintiff clan to 52 members, and the non-party 29 members shall attend the meeting, with the consent of 52 members of the non-party 4's representative, the election of the officers of the clan, the budget and settlement of property, amendment of the rules, and the non-party 198's general meeting to recognize the fact that the non-party 4 members of the clan were present at the above general meeting.

Therefore, it is not effective to enact the general assembly of August 1, 1968 and its general assembly consisting of 60,00 promoters of the plaintiff clan, and to elect only 6 promoters as the representative of the plaintiff clans and the non-party 4 as the representative of the plaintiff clans. The ratification resolution, etc. of the general assembly of December 1, 1968 shall not be effective unless the above general assembly of the plaintiff clans and its general assembly of October 5, 1969 and its general assembly of the plaintiff's clans, and ratification of the plaintiff's lawsuit petition by the non-party 4 and non-party 4 shall be valid since it was made with the notification of legitimate general assembly call and the consent of the majority of the members present at the general assembly by attendance of the plaintiff clans by attendance.

Therefore, the lawsuit of this case was instituted by the non-party 4 who is the legitimate representative of the plaintiff clan. Thus, it is legitimate. Thus, since the non-party 4 rejected the lawsuit of this case on the ground that it is not the legitimate representative of the plaintiff clan, the court below's decision that dismissed the lawsuit of this case on the ground that it is not the legitimate representative of the plaintiff clan, the judgment shall be revoked and it shall be remanded to the court of first instance

Judges Kim Hong (Presiding Judge)