Text
1. The defendant's appeal is dismissed.
2. All costs of the lawsuit shall be borne by the defendant.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. The plaintiff is an organization claiming that it is a clan consisting of descendants of L [the 26-year-old grandchildren adopted by H as grandchildren of H], E 26 years-old grandchildren, and the defendant is a member of the plaintiff's clan.
B. On June 13, 2004, the Plaintiff: (a) held a clan general meeting and passed a resolution to elect C as the president of a clan; and (b) held each clan general meeting on July 28, 2012; (c) made a resolution to elect C as the president of a clan; (d) held each clan general meeting on July 14, 2013; and (e) delegated the authority to institute the instant lawsuit; and (e) delegated the authority to institute the instant lawsuit and to confirm the procedural acts during that period.
C. On October 8, 2013, the Plaintiff asserted that the resolution of each general assembly as of June 13, 2004, July 28, 2012, May 1, 2013, and July 14, 2013 of the Plaintiff’s clan AH was null and void due to the Plaintiff’s refusal of performance of duties, and upon filing an application with C for a provisional disposition for suspension of performance of duties, the Plaintiff was issued a provisional disposition order (hereinafter “instant provisional disposition order”) stating that “C’s performance of duties as the president of the Daejeon District Court is suspended, and AI is appointed as an acting director” (hereinafter “instant provisional disposition order”).
On August 6, 2014, the Court rendered a decision to change the name of the defendant's acting president to AJ on November 24, 2014 as the AI expressed its intention of resignation of acting director.
Plaintiff
The President AJ acting for the President shall obtain permission from the above court to hold a temporary general meeting for the dismissal, election, etc. of the president of a clan and on March 3, 2015, and thereafter on March 3, 2015, to 249 members of the plaintiff's members identified until March 14, 2015, "AL restaurant in Chungcheong AK", "aL restaurant in Chungcheong AK", and "an agenda item".
Removal and Election of the Chairperson;
(b)to the extent necessary to establish and amend rules;
C. A written notice of convening a clan general meeting (a notice of convening a clan among the members of the clan was returned), which is "a plan for preserving the clan property (a plan for dealing with the suspected crime of embezzlement)" (a notice of convening a clan general meeting was returned);