(a) Method of appointing the representative of a clan;

(b) Method of convening a clan meeting where the person who has the right to call the clan meeting evades convening it without any justifiable reason;

A. The appointment of a clan representative shall be governed by the clan rules or general practices, and if there is no such rules or common practice, it is common customs that the head of the clan or the head of the door calls for a male who has attained majority or more among the clans and selects him by a resolution of the majority of the present members, and that the head of the clan or the head of the door does not appoint the head of the usual and the head of the door, and unless there is any rules or general practice regarding appointment, that is, the existing head of

(b) Where a member of a clan requests legitimate convening authority to convene a meeting of the clan because it is necessary to select a representative for the management or disposition of the clan properties, but the convening authority fails to convene the meeting without justifiable grounds, the member or promoters may convene the meeting.

Articles 71 and 59 of the Civil Act

Supreme Court Decision 76Da2199 Decided January 25, 197

1. Plue Sk and Plue Saz Ma

Defendant 1 et al., Counsel for the defendant 1 and four others, Counsel for the plaintiff-appellant-appellee)

Seoul High Court Decision 79Na3871 delivered on April 11, 1980

The appeal is dismissed.

The costs of appeal shall be assessed against Nonparty 2.

The grounds of appeal are examined as follows.

In the appointment of a clan representative, if there are regulations or general practices, it shall be appointed according to the above clans, and if there is no such regulations or common practice, it shall be general customs to convene a majority of the members present at the clans among the clans. It shall not be appointed by the clans or door, and the existing head of the clans or door does not have regulations or general practices on their appointment, i.e., the maximum number of the members present at the clans, and the highest age of the plaintiff's age shall be the head (see Supreme Court Decision 76Da2199 delivered on January 25, 197). According to the reasoning of the judgment of the first instance court cited by the court below, the first instance court did not have any error of law regarding the appointment of the plaintiff's representative at the above 20-year general meeting, and it shall not be deemed that the non-party 2, the representative of the plaintiff's door, who was not the general meeting of the plaintiff's 3-year general meeting, was not a legitimate one of the members of the above 197-year general meeting.

In addition, since most of the clan members need to select a representative regarding the management or disposition of the clan properties, and therefore a legitimate convening authority requested the convocation of the clan meeting, but if the convening authority fails to convene the meeting without any justifiable reason, it is inevitable to convene the meeting (see Supreme Court Decision 77Da654 delivered on June 13, 1978). Therefore, it cannot be said that it is impossible to convene the clan meeting, such as the debate, if it is impossible to do so.

In sum, this cannot be employed merely because the appointment of a clan representative or the person entitled to convene a clan meeting criticizes legitimate cherbity under its independent opinion.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the non-party 2 who conducted the litigation without a representative authority. It is so decided as per Disposition by the assent of all participating Justices.

Justices Presiding Justice (Presiding Justice)