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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. We examine the legitimacy of the instant lawsuit ex officio on the lawfulness of the instant lawsuit.
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 the general meeting of members pursuant to the provisions of Article 276 (1) of the Civil Act. Thus, even where a clan which is not a juristic person files a lawsuit as an act of preserving the property jointly owned by it, it shall undergo a resolution of the general
On the other hand, 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 clan's clan's clan, and the resolution at the general meeting of the clan held without the notification for convocation of some of the members of the clan is invalid, and since the majority decision of the Supreme Court en banc Decision 2002Da178 Decided July 21, 2005, since the adult woman who is the descendants of the common clan is also a member of the clan, the resolution at the general meeting of the clan is not valid, in case where the general meeting of the clan was convened only to the members of the clan at the time of
(see, e.g., Supreme Court Decisions 2000Da17582, Jul. 6, 2000; 2009Da83650, Feb. 11, 2010). Furthermore, in determining and identifying the members of a clan, the Plaintiff’s clan should make efforts to an extent equivalent to the efforts that were made at the time of publication of the clan, and if it is impossible, reasonable grounds for such efforts should be supported.
(See Supreme Court Decision 2000Da17582, Jul. 6, 2000). This Court, as of October 10, 2014, issued a notification of convening a clan general meeting, along with evidentiary materials as to when and wherever the clan general meeting for the filing of the instant lawsuit, to the Plaintiff.