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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
[Claim]
Reasons
1. The reasons why the court mentioned this part of the underlying facts are stated are the same as the corresponding part of the judgment of the first instance, if it excludes the following parts, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
Section 2 of the first instance judgment is dismissed.
Of the “Status of Party, etc.” in paragraph 3, the term “Defendant Chairperson” of the third clan shall be read as “the chairperson of the instant clan”; the term “Defendant’s clan is in the family of the instant clan”; and the term “Defendant’s clan members” of the sixth clan shall be read as “the family of the instant clan members”; respectively, the term “Defendant’s clan members” shall be read as “the family members of the instant clan.”
Under the third page, the following shall be followed from the 7th class “(2) to the 6th class “Fab....................” 2) U elected by the president of the said 7th class from the 7th class session was to resign without affixing seals to the articles of incorporation, minutes, and authentic notes.”
2. Key issue of this case
A. As shown in the reasoning of the judgment of the first instance cited earlier, the Plaintiff and the Defendant, who conflict with the property of the instant clan, held several meetings and resolved to appoint the representative of the instant clans on several occasions.
Plaintiff
On the other hand, both the side and the defendant dispute the status of the representative appointed in each special meeting by asserting that the general meeting held by each party is valid, and that the general meeting held by the other party is invalid.
B. In addition, the defendant asserts that the plaintiff is not a member of the clan of this case for the first time in the trial.
C. The facts that the plaintiff denies the validity of the resolution of the general assembly that was appointed as the representative and interfere with the plaintiff's representative's duties are recognized by the defendant himself. Thus, the court below held that the resolution of the general assembly of this case by each general assembly of this case, which appointed the plaintiff as the member of the clan of this case and the representative who explained the basic facts, is superior to what the plaintiff and the defendant asserted,