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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the representative C.
Reasons
1. The defendant asserts that the lawsuit of this case is unlawful as it was filed by an unlawful representative without the resolution of authorization.
On September 11, 2010, the Plaintiff made a resolution for the representative election and the authorization for filing a lawsuit at the general meeting of the Assembly on September 11, 2010, and thereafter, asserts that the above resolution was ratified by the Assembly on April 20, 2013, May 25, 2013, and September 7, 2013.
We examine whether each resolution made at the meeting above four times is effective.
A. (1) The plaintiff asserts that the resolution of the general meeting of the clan dated September 11, 2010 is effective, even if the plaintiff did not go through a separate convocation procedure at the general meeting of the clan on September 11, 2010, because there was a customary practice to leave the general meeting in the office of the clan after gathering it in E at 10:0 a.m. on the second anniversary of the 2nd anniversary of the 2nd anniversary of the 10th anniversary of the 2nd anniversary of the 2nd anniversary of the 2nd anniversary of the 2nd anniversary of the 2nd anniversary of the 3nd anniversary of the 2010th anniversary of the 2nd anniversary of the 3nd anniversary of the 3nd anniversary of the 3nd anniversary of the 2010
(B) The defendant asserts that there was no custom asserted by the plaintiff, and that the above regulations are not legally enacted or amended, and thus, the above general meeting is to be held. Thus, a resolution made at the above general meeting without going through it is invalid.
(2) The decision (A) does not require separate procedures for convening a clan meeting, if members of the clan regularly gather at a certain place on a fixed day each year in accordance with the rules or practices of the clan to deal with the clan's history.
(B) We examine whether the Plaintiff held an ordinary general meeting every year on the Saturday of the second week prior to the New Year's 2nd anniversary of the New Year's 1992, and September 30, 1994, etc.
According to the statement of Gap evidence No. 2, "regular general meeting" of Article 12 (2) of the plaintiff's clan rules shall be held annually.