1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are assessed against C who is represented by the plaintiff.

1. Basic facts

A. The plaintiff is a clan that consists of his descendants, who is 17 years of age or older, set up in Jung-si.

B. The defendant is a person who has been in charge of the plaintiff's property management since 1998.

C. F was elected by the president at the Plaintiff’s general meeting held around 1998.

[Ground for recognition] Unsatisfy

2. Determination on the defense prior to the merits

A. In order to be valid for a resolution of the general meeting for the appointment of a clan representative, a resolution of the general meeting for the appointment of a clan is required to be convened by a legitimate convening authority, so if the general meeting is not convened by a legitimate convening authority, a resolution of the appointment of a representative at the above general meeting

(See Supreme Court Decision 92Da34124 delivered on November 27, 1992). However, in a case where a member of a clan needs to select a representative for the management or disposition of the clan property, and so a legitimate convening authority demands to convene a meeting of a clan but the convening authority fails to convene a meeting without justifiable grounds, the member or promoters may convene the meeting.

(See Supreme Court Decision 80Da1215 delivered on September 9, 1980, etc.). On the other hand, a clan general meeting has no effect of a resolution of the clan general meeting held without a notification for convening a meeting, discussion, and resolution by each member of the clan, by individually giving notice for convening a notification to all members of the clan who are clearly residing in Korea and are able to be notified because the scope of the members of the clan who are subject to notification for convening a meeting has been determined by the clan table, except in extenuating circumstances.

(Supreme Court Decision 2007Da34982 Decided September 6, 2007). B.

Judgment

Examining the following circumstances, in light of the aforementioned relevant legal principles, the basic facts as seen earlier, evidence Nos. 1 through 8, and evidence Nos. 3 through 9, 11, and 12 (including branch numbers) and the overall purport of the pleadings, a resolution to select C as the Plaintiff’s representative is adopted.