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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination on this safety defense
A. An extraordinary general meeting in which the Defendant’s assertion C (the Plaintiff’s assertion) was elected as the representative of the Plaintiff’s literature has no effect on the grounds that there was a defect in the convocation procedure, such as not convened by a legitimate convening authority, and notified by the method of notifying the members of their family without directly notifying some of the convening authority of the convocation.
The lawsuit of this case is unlawful because it is not filed by a legitimate representative from among the plaintiffs.
B. The relevant legal doctrine is a naturally created clan group composed of members of a common ancestor for the purpose of protecting the graves of the common ancestor and promoting friendship among its members, etc. Therefore, in light of the purpose and nature of the clan, it is reasonable to view that descendants sharing the same clan with the common ancestor and the family clan naturally become its members when they become adult without distinction of gender, in light of the purpose and nature of the clan.
(See Supreme Court en banc Decision 2002Da1178 Decided July 21, 2005, etc.). On the other hand, the representative of a clan shall be appointed according to the rules and practices of the clan, and if not, he/she shall convene and elect an adult or older person among the members of the clans, and if not, he/she shall not be appointed by the clans nor be appointed by the clans, he/she shall notify the existing members of the rules and practices, who have been residing in Korea as the head of the clans and resided in Korea, and shall convene a general meeting and appoint a representative of the clans at the meeting (see, e.g., Supreme Court Decision 2009Da26596, Dec. 9, 2010). The clans general custom, barring special circumstances, setting forth the scope of the members of the clan who are subject to notification for convening the clans pursuant to the clans report and individually notify all the members of the clans possible, thereby giving them an opportunity to participate in each meeting and resolution.