1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by B;

1. The defendant asserts that the lawsuit of this case is unlawful, since the defendant is the representative of the plaintiff's clan and the lawsuit of this case is not a legitimate representative, and there was no resolution of the clan general meeting to file the lawsuit of this case. Thus, the lawsuit of this case is unlawful.

As to this, among the plaintiffs, D, the representative of the plaintiff Sejong, resigned from the special meeting on April 14, 2012, and B, as the chairperson of the emergency countermeasure committee, appointed B as the chairperson of the above general meeting. B, as the chairperson of the emergency countermeasure committee, convened the special meeting on August 25, 2012, and B was appointed as the representative of the plaintiff Sejong, and B convened the special meeting on January 31, 2015, as the chairperson of the plaintiff Sejong Heavy, convened the special meeting on January 31, 2015, and confirmed the appointment of the chairperson of the above general meeting and decided to file the lawsuit of this case. Thus, the lawsuit of this case is lawful.

In addition, in the case of the judgment of the District Court 2015Kahap117, the plaintiff Park Jong-J, appointed E and F as the joint representative of the president among the plaintiff's class among the plaintiff's class. The above E and F appointed B as the representative of the plaintiff class among the plaintiff's class and appointed B at the special general meeting of November 8, 2015, which was convened by the above E and F with the permission of the Government District Court, and there was a resolution on the institution of the lawsuit in this case, and therefore, the lawsuit in this case is legitimate.

2. Determination

A. For the validity of a resolution of a clan general meeting for the appointment of a representative at the extraordinary meeting of August 25, 2012, a resolution of the clan general meeting for the appointment of a representative is required to be convened by a legitimate convening authority. Therefore, in a case where the clan general meeting does not comply with the clan regulations and is not convened by a legitimate convening authority, a resolution of the appointment of a representative at the above general meeting is invalid.

(See Supreme Court Decision 92Da34124 delivered on November 27, 1992). In addition, the representative of a clan shall be appointed according to the rules or practices of the clan, and if not, the head of the clan or the head of the door shall be his members.