1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by C.

Purport of claim and appeal

judgment of the first instance.

1. The reasoning for the court's explanation of this case is as stated in the reasoning of the judgment of the first instance except for the plaintiff's addition of the following judgments as to the matters alleged in the trial of the first instance. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional matters to be determined;

A. The Plaintiff’s assertion ① In the absence of the Plaintiff’s president and the chief vice president, and there exists a customary practice to hold an extraordinary general meeting with delegation from the members when there is a vacancy in the executive organ. As C is a legitimate representative of the Plaintiff, as C was delegated by the president and the chief vice president to hold an extraordinary general meeting on July 25, 2008, when the president and the chief vice president were present, according to the above custom, with the delegation of the general meeting convening from the members.

② On October 21, 2014, the Plaintiff: (a) held an extraordinary general meeting according to the convening of I, the Plaintiff ratified a resolution of appointing C as the Chairperson at the ordinary general meeting of July 25, 2008; (b) the ordinary general meeting of March 26, 2010; and (c) March 28, 2013; and (c) appointed C as the Chairperson. Accordingly, C is a legitimate representative of the Plaintiff.

B. Determination 1) With respect to the appointment of the representative of a clan, or notification of convening the general meeting of a clan on July 25, 2008, when there are regulations or customs, the appointment of the representative of a clan or convening the general meeting of a clan shall comply with such regulations or customs. In the absence of such regulations or customs, the members of the surviving clan who are the highest, and the lowest, among the members of the clan who live shall have the authority to convene the general meeting. Although a clan requested legitimate convening authority to convene the meeting of a clan, if the convening authority fails to convene the meeting without justifiable grounds, he/she may convene the meeting (see, e.g., Supreme Court Decisions 2010Da78258, Apr. 28, 2011; 93Da51454, May 10, 1994). The Plaintiff’s bylaws (No. 32 evidence) shall have one chairperson and not less than 10 and not more than 20 vice-chairpersons (Article 9, etc.).