2. The costs of lawsuit shall be borne by E.

A. In a case where a clan is a party, whether the representative of the clan has legitimate power of representation or not is a matter of court's ex officio investigation as to the requirements for litigation.

Therefore, the court does not have any duty to detect facts and evidence, which are basic data for its judgment, ex officio.

Even if the other party does not dispute the legitimacy of the power of representation based on the documents already submitted, it is obligated to examine and investigate the documents even if the other party does not specifically point out it.

(See Supreme Court Decision 91Da21039 delivered on October 11, 1991, and Supreme Court Decision 2008Da8898 delivered on February 26, 2009

The defendants asserted that the lawsuit of this case is unlawful since the general assembly of October 3, 2014 (hereinafter "general assembly of this case") of the plaintiff's clan A (hereinafter "the plaintiff's clan") was convened by a person who is not a legitimate convening authority, and therefore, it is invalid because the plaintiff's general assembly of October 3, 2014 (hereinafter "the general assembly of this case") was convened by a person who is not a legitimate convening authority.

C. Under the above, we examine whether the Defendants’ defense of this case or ex officio, as otherwise asserted by E, is legally elected as the representative of the Plaintiff clan, and whether E was authorized to file the instant lawsuit.

Facts of recognition

A. The plaintiff clan is a clan consisting of lineal descendants who jointly set up the FC G's five years of age, the president, who is a representative of the plaintiff clan enacted on October 10, 1995, shall be elected at the general meeting, and the general meeting shall be divided into the general meeting and the special meeting, and the general meeting shall be held on October 3 (Openingcheon) each year, and the special meeting shall be held at the general meeting.