[1] Where a person claiming a clan representative files a lawsuit seeking active confirmation of the status of a representative against an individual of a clan member, the existence of the benefit of confirmation (negative)

[2] The case holding that the convening authority's convening authority's convening authority's convening authority's convening authority's convening authority's convening authority's convening authority's general meeting does not need a convening authority's convening authority's convening authority's general meeting, where there exists a practice that sets the venue of the general meeting before and after the establishment of the clan

[1] A lawsuit seeking active confirmation of the status of a representative against an individual of a clan who does not object to the clan, cannot be deemed to have a validity of the decision, even if the decision accepting such a claim is declared, it cannot be deemed to be the most effective way to resolve the dispute between the parties who left the status of the representative, and therefore, it cannot be the most appropriate way to resolve the dispute with the highest parties.

[2] Even before the establishment of a clan's rules as well as after the enactment of the rules, there was a practice that the members of the clan have discussed the religious affairs of the clan after the religious affairs of the clan were closed in the cemetery of the Jung-si branch on the date of the religious affairs, and while these practices continue, the clan's regular rules have been set forth in the rules of the clan as the first day of October every year and the members present on the day, while these practices continue, the clan's regular rules have been set forth relatively simple regulations. Therefore, even if the rules do not specify the place of the ordinary general meeting in the rules of the City, they shall be supplemented and interpreted as the place of the ordinary general meeting, and as long as the rules are interpreted as being held at a certain place each year, it is not necessary for the president to convene the old general meeting as the convening authority of the general meeting, and it is not necessary to convene the old general meeting.

[1] Article 228 of the Civil Procedure Act / [2] Articles 69 and 71 of the Civil Act

[1] Supreme Court Decision 73Da1553 delivered on December 11, 1973 (No. 21-3, No. 213), Supreme Court Decision 91Da12905 delivered on July 12, 1991 (Gong1991, No. 2156), Supreme Court Decision 91Da5433 delivered on August 13, 1991 (Gong1991, No. 2334 delivered on May 12, 1992), Supreme Court Decision 91Da37683 delivered on May 12, 1992 (Gong192, No. 1841) (Gong196, No. 1538 delivered on April 12, 196) / [2] Supreme Court Decision 96Da6295 delivered on April 13, 197 (Gong196, No. 1538)

Plaintiff (Law Firm International Law Office, Attorneys Kim Dai-ju et al., Counsel for the plaintiff-appellant)

Defendant (Attorney Choi Jae-ho, Counsel for the defendant-appellant)

Daegu High Court Decision 96Na2546 delivered on December 6, 1996

The part of the judgment of the court below concerning the claim for confirmation of the family representative is reversed. The defendant's remaining grounds of appeal are dismissed. The total costs of appeal against the reversed part are assessed against the plaintiff, and the costs of appeal against the dismissed part are assessed against the defendant.

1. It shall be deemed ex officio;

A lawsuit seeking affirmative confirmation of the status of a representative against an individual of a clan who asserts that he/she is a representative of a clan without filing a claim against the clan cannot be deemed to have a effect on the clan, so even if the judgment accepting such claim is declared, the judgment cannot be the most effective and appropriate way to resolve the dispute between the parties who left the status of the representative, and therefore, it shall be deemed unlawful as there is no benefit of confirmation (see, e.g., Supreme Court Decisions 73Da1553, Dec. 11, 1973; 96Da6295, Apr. 12, 196).

Therefore, among the lawsuit of this case, the part of the claim against the defendant, who is the former president, on the ground that the plaintiff was elected as the chairperson of ○○○○ clan (hereinafter "the clan of this case") from among the lawsuit of this case, that the chairperson of the clan of this case is the plaintiff, the court below made a decision on the part of the claim that the plaintiff is the plaintiff, which affected the conclusion of the judgment by misapprehending the legal principles on the interest of confirmation, which is a litigation requirement

2. We examine the grounds of appeal.

According to the reasoning of the judgment of the court below, the court below calculated the evidence of this case and dismissed the defendant from the place of the above clan 1 to the non-party 2 who is the non-party 1's non-party 7 years old at the time of the above clan, and held the clan 1 to the first day of October every year; the special general meeting and the executive members' meeting shall be convened at the time when the chairperson deems it necessary or a majority of the executives of the clan request the meeting; the chairperson shall represent the clan of this case and the executive members' convening authority shall be responsible for general affairs; the chairperson shall be removed from the office of the above clan 9 days before and after the general meeting was held; the defendant shall be removed from the office of the non-party 2's office of the above clan; the defendant shall be removed from the office of the non-party 3's office without the resolution of the general meeting; the defendant shall be held to the non-party 1's office of the above clan; the defendant shall be held to the non-party 2's office of the above general meeting; and the defendant shall be dismissed.

According to the records, it is sufficiently recognized that the clan of this case was established before it was established as well as before it was established as the rules of the clan (No. 5, which was submitted by the plaintiff, and it is reasonable to view that the rules were established around that time, since the enforcement date thereof was November 9, 1986. The court below's decision that the rules was enacted at the extraordinary general meeting on January 14, 1992, but it cannot be seen as affecting the conclusion of the judgment) even after the enactment of the rules of the clan before it was established as well as after the enactment of the rules of the clan of this case. Since the clan of this case continues in this practice, it cannot be seen that there was a practice in which the members of the clan of this case discussed about the intention of the clan of this case at the △△△ branch, it cannot be interpreted as 9th regular general meeting in the name of the president of the general meeting (the 19th regular general meeting, and the members of the same day shall be repeated from 10th regular meeting, and it cannot be interpreted as 9th regular general meeting.

In addition, it is obvious that those who attended a general meeting held in △△△△ funeral and passed a resolution selecting the plaintiff as the chairperson is the member of the clan of this case, and on the other hand, even if they are members of other clans or similar organizations, they cannot be deemed to be a resolution of other clans or similar organizations that attended the legitimate general meeting of the clans in the qualification of the members of the clan of this case and attended the place of the clans legitimate general meeting

Therefore, without a notice of convening a meeting on November 7, 1994, the court below's determination that the general meeting held as members attending the meeting at the △△△ funeral without a notice of convening a meeting is legitimate is not somewhat insufficient in its reasoning, but it is just in accordance with the above opinion, and there is no error in the misapprehension of legal principles as to the right to convene a meeting of the general meeting under the rules, the rules applicable to the meeting, and the convening practices of the general meeting under the rules, and the convening procedures of the general meeting under the rules, or the hearing and incomplete deliberation. The grounds for appeal are without merit.

3. Therefore, the part of the judgment of the court below regarding the claim for confirmation of the representative of a clan is reversed, and this part is deemed sufficient to be directly decided by this court. The defendant's remaining grounds of appeal are dismissed, and the costs of appeal concerning the reversed part are assessed against the plaintiff and the costs of appeal concerning the dismissed part are assessed against the defendant. It is so decided as per Disposition by the assent

Justices Song Jin-hun (Presiding Justice)