The judgment of the court below is reversed, and the case is remanded to the Changwon District Court Panel Division.

The grounds of appeal are examined.

According to the records, Article 9 of the clan Resolution, which is the clan of the plaintiff clan, provides that the representative of the clan, upon the request of a majority of the delegates, shall convene an extraordinary general meeting.

The Defendants asserted that the resolution is null and void, since the general meeting of April 21, 2013 and February 16, 2014, which appointed S as the representative of the Plaintiff clan, was convened without the request of a majority of the delegates who are the requirements for convening the general meeting under the above provision.

However, the court below did not render any judgment on the above argument.

The clan Regulations shall recognize the validity of the clan unless it seriously violates the essence or purpose of establishment of the clan (see Supreme Court Decision 2005Da30566, Oct. 9, 2008). If there is no request from a majority of representatives regarding convening an extraordinary general meeting as alleged by the Defendants, each extraordinary general meeting is convened in violation of the convening requirements set forth in the clan Resolution, which is the clan Regulations, and each general meeting resolution that appoints S as the representative of the Plaintiff clan is invalid, and therefore, the lawsuit in this case is unlawful as a lawsuit brought by a person who has no legitimate power of representation.

As such, the lower court did not determine the Defendants’ relevant assertion even though each extraordinary general meeting satisfies the requirements for convening a final resolution, which affected the legitimacy of the instant lawsuit. In so doing, the lower court erred by misapprehending the legal doctrine on the impact of the defect in the convening process on the effects of the clans’ resolution on the validity of the clans resolution, thereby failing to exhaust all necessary deliberations and omitting judgment

Therefore, without examining the remaining grounds of appeal, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided by all participating Justices.