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1. Revocation of a judgment of the first instance;
2. The instant lawsuit shall be dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion that the representative submitted a report on the change of representative to this court on March 3, 2016 and the representative changed from C to D. In a case where a clan is a party, whether the representative has legitimate power of representation or not constitutes a matter subject to ex officio investigation by the court (see Supreme Court Decision 2000Da42908, May 14, 2002). Thus, the issue of whether the representative of the clan has legitimate power of representation or not constitutes a matter subject to ex officio investigation by the court.
2. The representative of a clan shall be appointed according to the rules or practices of the clan, and if there is no such rules or practices, the head of the clan or the head of the door shall call up those who have attained majority among the members of the clan and elect them by a resolution of the majority of the members present, and if there is no rules or practice regarding appointment of the head of the clan in the clan, it is common customs to notify the members of the existing family and the members of the clan who have been living in Korea and have been clearly residing in Korea and to convene a general meeting of the clan, and to appoint the representative of the clan at that meeting,
(See Supreme Court Decision 2009Da7182 Decided May 28, 2009). Meanwhile, a clan general meeting has no effect on a resolution of the clan general meeting held without a notification for convening a meeting, discussion, and resolution by each of the members of the clan, which is held without a notification for convening a meeting, by individually giving notice to all the members of the clan who are clearly residing in Korea and are able to be notified because the scope of the members of the clan who are subject to notification for convening a meeting has been determined by the clan.
(see, e.g., Supreme Court Decision 2007Da34982, Sept. 6, 2007). According to Article 6(1) of the “Rules of Fent Council (Plaintiff) amended on November 6, 2010,” attached to the Plaintiff’s written application for the payment order submitted by the Health Team, the executives as prescribed in Article 5 of the “Rules of Fent Council (Plaintiff)” (Records No. 11-20, hereinafter “instant Rules”) shall be elected at the general meeting.
[Attachment].]