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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. The general meeting of a clan shall, unless there are special circumstances, set forth the scope of the members of the clan subject to notice for convening the meeting, and give each person an opportunity to participate in the meeting, discussion, and resolution by individually notifying all the members of the clan who are clearly residing in the Republic of Korea because their whereabouts are clearly known, and no resolution of the general meeting of a clan held without the lack of notification for convening the meeting shall be effective.
However, if the members of a clan regularly meet at a certain place once a year in accordance with the rules or practices of the clan and decide in advance to handle the church affairs of the clan, it shall not be deemed null and void a resolution of the general meeting of the clan on the ground that the notification of convocation or resolution has not been given separately.
(see, e.g., Supreme Court Decisions 87Meu1194, Oct. 13, 1987; 2010Da20235, Aug. 19, 2010). Meanwhile, while a clan similar organization consisting only of residents in a specific region or persons meeting specific qualification requirements among the descendants of the joint ancestor for the purpose of protecting graves, conducting religious services, and promoting friendship and promoting friendship, there are differences in its legal status or the composition of its organization, but there are similar parts in the nature of the clan, the legal principles on clans also apply to the legal relations concerning similar organizations of clans to the extent that it does not go against its nature or regulations. In particular, the above legal principles on the convening and notifying the convening of the general meeting of clans also apply to similar organizations of clans.
2. According to the facts established by the lower court and the evidence duly admitted by the lower court, the following circumstances are revealed.
AC 14 years of age, F had J and K under the Ss, and J.