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(영문) 대법원 1987. 10. 13. 선고 87다카1194 판결
[토지소유권이전등기][공1987.12.1.(813),1713]
Main Issues

Method of convening a clan meeting;

Summary of Judgment

A clan is a family group comprised of descendants of the common ancestor, that is, in holding a general meeting, in principle, that the representative or convening authority generally gives notice of convening the general meeting to the members of the clan. However, if the members of the clan regularly meet at a certain time and agree in advance to handle the members of the clan once a year according to the rules or practices of the clan, it shall not be deemed null and void the resolution of the meeting on the ground that they did not give notice of the notice of convening the general meeting or the resolution thereof separately.

[Reference Provisions]

Article 71 of the Civil Act

Reference Cases

Supreme Court Decision 69Da1774 Delivered on February 24, 1970

Plaintiff, the deceased and the deceased

St. T. C. T. T. T. T. T. S. S. S.

Defendant-Appellee

Defendant

Judgment of the lower court

Gwangju High Court Decision 86Na281 delivered on April 17, 1987

Text

The judgment of the court below is reversed, and the case is remanded to Gwangju High Court.

Reasons

We examine the grounds of appeal.

According to the reasoning of the judgment of the court below, the court below held that the above non-party 1 was all null and void since the ordinary general meeting and the regular general meeting of 1982 also held on January 5, 1984 (1985.1.5) which appointed non-party 1 as the representative of the plaintiff's literature council, all of which were held without undergoing the convocation procedure prescribed by the rules of the plaintiff's literature council, and therefore the above non-party 1 cannot be viewed as a legitimate representative of the plaintiff's literature council. It is the non-party 1 as a group of the clan members comprised of descendants of the common ancestor, namely, the general meeting of the clan members, which is a group of the clan members that is composed of the descendants of the common ancestor members, which is a general meeting of the general meeting of the clan members, shall generally give the so-called notification of convening the general meeting to the members of the clan. However, if it is agreed in advance to handle the church members of the clan once a certain date and at a certain time, the members of the clan shall not be notified separately.

According to the evidence adopted by the court below, the first five-year regular meeting was held by the first five-year president and the first five-year regular meeting was held by the first five-year president and the first five-year regular meeting was held for the first five-year regular meeting (the first five-year regular meeting was held by the first five-year regular meeting; the first five-year regular meeting was held by the first five-year president and the first five-year regular meeting was held by the second five-year regular meeting; the first five-year regular meeting was held by the first five-year regular meeting; the first five-year regular meeting was held by the first five-year president and the first five-year regular meeting was held by the first five-year regular meeting; the first five-year regular meeting was held by the first five-year regular meeting; the first five-year regular meeting was held by the first five-year regular meeting; and the first five-year regular meeting was held by the first five-year regular meeting (the first-year general meeting was held by the second-year general meeting); and the second-year general meeting was held by the second-year meeting.

Therefore, the judgment of the court below is reversed, and the case is remanded to the court below. It is so decided as per Disposition by the assent of all participating Justices.

Justices Man-hee (Presiding Justice)

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심급 사건
-광주고등법원 1987.4.17.선고 86나281
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