In the absence of special rules or practices, the method of convening a meeting of a clan and whether the resolution of a clan meeting held without notifying some of the clan members of the method of convening such meeting (negative)

Where the members of a clan regularly gather at a certain place on a day, such as the Korean clan, and are to handle the church affairs of the clan, it is not necessary to convene the clan meeting, but in convening a separate clan meeting other than the above cases, each of the members of the clan shall be given an opportunity to participate in the debate and resolution of the meeting, and the resolution of the clan meeting held without such notification for convening a notification for convening the meeting, unless otherwise provided by special regulations or practices of the clan, it shall be deemed that there is no effect of the resolution of the clan meeting held without holding such notification for convening the meeting, and it shall not be deemed that the resolution has obtained the consent of a majority of the members of the clan who can be notified.

Article 71 of the Civil Act, Article 48 of the Civil Procedure Act

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Domin, Attorneys Park Jae-soo and 1 other, Counsel for plaintiff-appellant-appellant-appellant-appellant-appellant-appellant-Appellee)

Attorney Hong Il-il, Counsel for the plaintiff-appellant from among the Man-si type

Defendant (Attorney Shin Jae-chul, Counsel for defendant-appellant)

Suwon District Court Decision 91Na220 delivered on October 22, 1991

The judgment of the court below is reversed, and the case is remanded to Suwon District Court Panel Division.

The defendant's attorney's grounds of appeal are examined.

1. According to the reasoning of the judgment below, the court below rejected the non-party 4's notification for convening a clan meeting on April 27, 1987, which did not affect the non-party 6's general meeting's non-party 4's notification for convening a clan meeting on the ground that the non-party 6's notification for convening a clan meeting could not affect the non-party 4's general meeting's non-party 6's non-party 4's notification for convening a clan meeting on the ground that the non-party 5's non-party 4's non-party 4's non-party 6's non-party 4's non-party 6's non-party 4's non-party 6's non-party 6's non-party 4's non-party 6's non-party 4's non-party 6's non-party 4's non-party 6's non-party 4's non-party 6's non-party 6's non-party 6's non-party 6's non-party 4's non-party 6's non-party.

2. However, if the members of a clan regularly gather at a certain place on a certain day, such as the Korean clan and handle the church affairs, in accordance with the rules or practices of the clan, it is not necessary to convene the clan council, but in convening the clan council separately except for the above cases, it shall be deemed that each of the members of the clan shall be given an opportunity for them to participate in the discussions and resolutions of the clan, and that the resolution of the clan meeting held without such notification for convening a convocation to some of the members of the clan shall be null and void, and even if such resolution is approved by the majority of the members of the clan who can be notified, it shall not be deemed that the resolution has been obtained (see, e.g., Supreme Court Decision 78Da1436, Dec. 13, 198; 91Da9466, Jun. 25, 199).

In examining the records of the court below, there is no ground to see that the plaintiff's clan on April 27, 1987 did not require a separate convening notice, or even if the plaintiff's clan failed to notify some of the clan members under the rules or practices of the clan, the court below's decision was erroneous in the misapprehension of legal principles as to the validity of the clan meeting, which affected the conclusion of the judgment.

3. Therefore, without examining the remaining grounds of appeal, we reverse and remand the judgment below. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Song Man-man (Presiding Justice)