A. On July 10, 2013, the Plaintiff filed the instant lawsuit against the Defendants, and this Court rendered a ruling of recommending reconciliation (hereinafter “decision of recommending reconciliation of this case”) with the content that the Defendants shall perform as stated in the purport of the claim against the Plaintiff, but the costs of lawsuit shall be borne by each party (hereinafter “instant decision of recommending reconciliation”).

B. On July 15, 2013, the original copy of the instant decision of recommending reconciliation was served on the Defendant C and the Plaintiff’s legal representative, and on July 16, 2013, respectively, on the Defendant B, and the Plaintiff and the Defendants did not raise an objection against the said decision of recommending reconciliation.

C. On July 5, 2016, the Defendants asserted that the instant decision of recommending reconciliation was null and void, and filed an application for designation of date.

2. Judgment on the defendants' assertion

A. The main point of the argument is that the plaintiff is not a clan with its own meaning, but the representative of the plaintiff does not have the power of representation, and the resolution of the general meeting for the institution of the lawsuit is unlawful and invalid. Thus, the decision to recommend the settlement of

B. As to the decision on recommending reconciliation, an objection may be raised by submitting a written objection to the court that made the decision on recommending reconciliation within 2 weeks from the date the party received the original copy of the written decision (Articles 226(1) and 227(1) of the Civil Procedure Act), and when no objection is raised within the aforementioned period, the decision on recommending reconciliation shall have the same effect as the judicial compromise, which has been finalized

(Article 231 Subparag. 1 of the same Act. Meanwhile, where a judgment on the merits was rendered due to a defect in the requirements for a lawsuit, if the judgment becomes final and conclusive, the revocation may be sought by an appeal, and if the judgment constitutes grounds for a retrial after a final and conclusive judgment becomes final and conclusive, a lawsuit for retrial may be revoked

With respect to this case, the plaintiff's assertion is defective in the lawsuit of this case, and even if there is a defect in the litigation requirements, the final judgment cannot be said to be null and void as a matter of course.