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1. The plaintiff's main claim is dismissed.
2. The decision that the defendant appointed C on November 1, 1997 as the defendant's representative.
Reasons
1. Facts of recognition;
A. The defendant is a clan member of D 20 years old E, which is composed of descendants of D 20 years old E, and the plaintiff is a clan member of the defendant.
B. At the time of the Defendant’s real estate acquisition, the registration of ownership transfer was completed in the name of G (the date of C’s appointment as the president of the Defendant) in order that the ownership had been transferred, and the Defendant’s religious cause H finally donated the instant real estate to the Defendant on March 27, 1998, following the Defendant’s donation of the instant real estate to the Defendant on March 28, 1998.
[Ground of recognition] Facts without dispute, Gap evidence 3, 13, Eul evidence 1 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. The Plaintiff’s cause of claim ① Although the instant appointment resolution did not actually exist, C forged meeting minutes, and completed the registration of ownership transfer in the name of the Defendant with respect to the instant real estate as the Defendant’s representative after forging the meeting minutes, despite the absence of the resolution to appoint the instant real estate at will, thus seeking confirmation that there was no resolution to appoint the instant real estate, and ② preliminary confirmation is sought as to the absence of the resolution to appoint the instant real estate, even if there was no legitimate convocation procedure prior to the instant appointment resolution, and thus, the instant appointment resolution becomes null and void.
3. Determination
A. We examine the judgment as to the primary claim. The following circumstances, i.e., the minutes of November 11, 1997 (hereinafter “the minutes of this case”) are prepared by the following circumstances, i.e., the evidence mentioned above and the statements mentioned in Gap evidence Nos. 1, 2, 4 through 12, and 14 through 18, and the overall purport of the pleadings. The minutes of this case include the contents of the resolution to appoint C as the representative, and ii).