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The judgment below is reversed and the case is remanded to Seoul High Court.
Reasons
The grounds of appeal are examined.
1. A clan is a naturally created clan group composed of members of the common ancestor for the purpose of protecting the graves of the common ancestor and promoting friendship among its members, and the clan property is an essential factor in achieving the purpose of this clan.
In light of the purpose and nature of the clan, the nature and importance of the clan property, a resolution of the general meeting on the distribution of the clan property shall be null and void if the contents of the resolution are considerably unfair or are contrary to good morals and other social order.
(See Supreme Court Decision 2007Da74775 Decided September 30, 2010). In addition, the executives of a clan who have a similar contractual relationship with a clan have a duty not only to follow the rules of the clan or the resolution of the general meeting of the clan but also to exercise due care as a good manager in managing affairs concerning the management and disposition of the property of the clan.
(See Supreme Court Decision 2007Do6554 Decided December 28, 2007). 2. A.
The judgment below
According to the reasons and records, the following facts are revealed.
1) The Plaintiff is a clan that is a joint set of G, the son of G, the 5th son E, the city group of CJ, and H, the son of G, the son F. The Defendant served as the Plaintiff’s adviser from March 1, 2006 to October 2015 when the Plaintiff’s adviser was in the Plaintiff’s advisory position from March 14, 2009, and I served as the Plaintiff’s vice-chairperson or the president (from March 1, 2007 to March 14, 2009) from March 1, 2006 to the Plaintiff’s vice-chairperson or the president (from March 1, 2007 to March 14, 2009). The J served as the Plaintiff’s vice-chairperson or the vice-chairperson of the general affairs (hereinafter collectively referred to as “Defendant, etc.”).
2) On March 1, 2006, the Plaintiff held an ordinary general meeting on March 1, 2006 and decided to transfer the registration of ownership to the name of the Plaintiff on the 35 parcel in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, where title trust was held to the deceased L, etc., and to delegate all relevant powers to the president, who is the representative, when filing a lawsuit, etc. is necessary.
Since then, the plaintiff on 207.