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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Judgment on the main defense of this case
A. The Plaintiff’s resolution on March 30, 2017, which decided to institute the instant lawsuit, was null and void because it lacks legitimate notification procedures, such as lack of notification procedures to female clan members. Thus, the instant lawsuit filed on the premise that the said resolution is valid is unlawful.
B. The provisions of Article 265 of the Civil Act concerning the preservation of property jointly owned cannot be applied to the preservation of property jointly owned. Barring special circumstances, a resolution of a general meeting of members pursuant to Article 276(1) of the Civil Act shall be passed, barring special circumstances. Thus, even where a clan, which is an unincorporated association, files a lawsuit as a preservation of property jointly owned by it, it shall undergo a resolution of
In holding a clan general meeting, each person shall be given an opportunity to participate in the meeting, discussion, and resolution by individually giving each person an opportunity to participate in the meeting, because the scope of the members of the clan, which are subject to notification for convocation, has been determined by the family council according to the family council, etc. and their whereabouts are clearly residing in Korea and notified individually, barring any special circumstances. Therefore, a resolution at the general meeting of the clan held without
Since the majority adult female members who are the descendants of the common ancestor are also the members of the clan, if they did not call a notice for convening only the male clan members at the time of the general meeting of the clan and do not call a notice for convening the clan members, the resolution at the general meeting of
(Supreme Court Decision 2009Da83650 Decided February 11, 2010) The Plaintiff asserts to the effect that, as a clan naturally created from the Joseon Dynasty, it opened a clan general meeting on March 30, 2017, including both men and women, and elected D’s representative, and that the resolution of the instant institution was lawful and valid, since it passed a resolution for the institution of the instant case.
However, the plaintiff submitted.