2. The costs of lawsuit shall be borne by the Plaintiff.

- The plaintiff is the owner of the land of this case, which was made by descendants of F.

- The Plaintiff clan G newly built the instant house on the ground of the instant land, and according to G’s death, the Defendants, the inheritor, possess the instant house at the present rate of each share of inheritance, and occupy the site.

[Grounds for recognition] The plaintiff asserted that Gap's evidence Nos. 1 through 4, Eul's evidence Nos. 1 and 2, and the purport of the whole pleadings with respect to the defense of safety as to the whole purport of this case, is holding the house of this case on the land of this case owned by the plaintiff, and the plaintiff illegally occupies the land of this case. The lawsuit of this case requires the defendants to remove the house of this case and deliver the land to the plaintiff. Accordingly, the defendants asserted that the lawsuit of this case is unlawful since they did not go through the legitimate resolution of the general meeting of clans.

Judgment

The provisions of Article 265 of the Civil Act concerning the preservation of collective property cannot be applied to the preservation of collective property. Barring special circumstances, barring any special circumstance, a resolution of the general meeting of members pursuant to Article 276(1) of the Civil Act is required. Thus, even where a clan, an association which is not a juristic person, files a lawsuit as an act of preserving the property jointly owned by it, barring special circumstances, the lawsuit filed without a resolution of the general meeting of members shall be unlawful

(See Supreme Court Decision 2007Da17062 Decided December 27, 2007, and Supreme Court Decision 2014Da212230 Decided December 11, 201, etc.). Comprehensively considering the overall purport of the arguments in each of the evidence Nos. 6 and 7, Article 11 of the Rules of the Plaintiff’s clan shall hold an ordinary general meeting on April 5 and September 18, 2007, which is determined not to give notice for convening an ordinary general meeting, and the matters concerning the management and disposition of the clan’s property are included in the resolution of the ordinary general meeting.