A resolution by a person who is not the head of a clan to appoint him/her as the representative with nine members without convening a convocation notice, and then whether the resolution by the clan general meeting convened by him/her is valid (negative)

In order to be effective for a resolution of the general meeting of a clan, the head of the clan or the head of the literature who is the person who has the authority to convene the general meeting of a clan shall notify the members of the clan of his notification to the adult male or more, so if a person who is not the head of the clan makes a resolution to appoint him as the representative of the clan with nine members without a notification for convening the general meeting, and if the latter clan has become the person who has the authority to convene the general meeting and made a resolution, the resolution at the general meeting of the clan shall be null and void, but it shall be null and void,

Article 31 of the Civil Act, Article 48 of the Civil Procedure Act

[Plaintiff-Appellant-Appellee] Plaintiff 1 and 2 others (Law Firm Gyeong, Attorneys Park Dong-young et al., Counsel for plaintiff-appellant-appellant-appellee)

[Defendant-Appellee] Defendant 1 and 3 others, Counsel for defendant-appellant-Appellee]

Attorney Kim Young-young, et al., Counsel for the defendant-appellant

Seoul High Court Decision 88Na17001 delivered on March 30, 1990

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

1. We examine the first point out of the first and second grounds for appeal.

According to the reasoning of the judgment, the court below did not separately prescribe the 19th regular meeting of the non-party 1, the 19th regular meeting of the non-party 1, the non-party 6th regular meeting of the non-party 1, the non-party 7th regular meeting of the non-party 1, the non-party 1, the non-party 6 of the non-party 1, and the non-party 1, the non-party 1, the non-party 6 of the non-party 1, the non-party 1, the non-party 1, the non-party 6 of the non-party 1, the non-party 1, the non-party 6 of the non-party 1, the non-party 9, the non-party 1, the non-party 6 of the non-party 1, the non-party 9, the non-party 1, the non-party 6 of the non-party 1, the non-party 9, the non-party 1, the non-party 1, the non-party 1, the non-party 98.

In light of the records, the above fact-finding and decision of the court below are just and there are no errors in the misunderstanding of facts due to violation of the rules of evidence or incomplete deliberation, or in the misapprehension of legal principles as to the composition of a clan or the clan representative, and therefore there is no ground for appeal.

2. We examine the second ground for appeal.

According to the reasoning of the judgment of the court below, the court below held a general meeting of the above clan on January 21, 190 and held a meeting of the plaintiff's clan to be a member of the clan, which is the same as the plaintiff's non-party who died on Nov. 15, 1986, the non-party who is the non-party to the non-party to the non-party to the non-party to the non-party to the non-party to the non-party to the non-party to the non-party to the non-party to the non-party to the non-party to the non-party to the non-party to the non-party to the non-party to the non-party to the non-party to the non-party to the non-party to the non-party to the non-party to the non-party to the non-party to the non-party to the non-party to the above non-party to the non-party to the non-party to the non-party to the non-party to the non-party to the non-party to the plaintiff's clan.

3. We examine the third ground for appeal.

The purport of the plaintiff's argument in the court below's written brief dated March 12, 1990 at the court below is that the plaintiff's letter of the plaintiff's clan will be the representative of the non-party's clan, and the court below clearly stated the judgment rejecting it and the judgment on the above representative of the court below that there is no authority to convene a clan meeting. Thus, the court below did not decide as to who is the convening authority of the general meeting and who is the convening authority of the general meeting and the reasons why he did not call a clan, and therefore, it cannot be said that there was an error of law in the omission of judgment or the lack of reasons. Thus, the

4. Therefore, the appeal shall be dismissed, and all costs of appeal shall be assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Chang-chul (Presiding Justice)