보증금반환
The instant lawsuit is dismissed.
Litigation Costs shall be borne by C.
1. Summary of the cause of claim;
A. A clan comprised of descendants of D’s 69 years of age E (hereinafter “a clan”) was the co-operation of the Defendant clan that made the Plaintiff’s clan and the Defendant’s clan that made the Plaintiff’s clan and “G” mid-term grouped “F” among the three children of E.
B. The plaintiff clan was operated separately from the clan or the defendant clan, as the plaintiff clan and the defendant clan wanted to be in conflict with their property issues.
Accordingly, the plaintiff's clan was divided into the portion of the property that the plaintiff and the defendant clan jointly owned and managed in the past, including the compensation of KRW 300,000,000,000, and the compensation of KRW 80,000,000, which was acquired by the plaintiff's land (forest) which was used as the grave of "F" in 2008.
2. Determination on the defense prior to the merits
A. We examine whether the representative qualification of the plaintiff clan, and whether the plaintiff clan general meeting passed a resolution to bring a lawsuit of this case.
B. Based on the written evidence Nos. 3, 7, and 8 (including numbers, if any; hereinafter the same shall apply), the Plaintiff asserted that the Plaintiff elected C at the ordinary meeting of the Plaintiff clan held on November 2, 2019 in accordance with the Plaintiff’s clan Rules (attached Form 1), which held on October 1, 2019, to hold the ordinary meeting on October 2, 201, as the first Saturday, and that the resolution was made to appoint C to the president and the descendants of the above ordinary meeting as the representative of the Plaintiff’s clan, and that the resolution was made to put them to legal response to the adjustment of the property issues with the Defendant clan.
C. A No. 7 is the name of the clan "I" and it is unclear as to whether it is the rules of the clan, first of all, which is the rules of the clan of which the clan office is to J in the north-gu, the north-gu, the territory of the clan of the plaintiff.
In addition, considering the contents of Gap evidence No. 8 (attached Form 2) submitted by the plaintiff as the minutes of the general meeting meeting meeting that the plaintiff held pursuant to Gap evidence No. 7 (Article 11), it is deemed that the change of the representative due to the vacancy of the representative (the president) died on April 15, 2015 was made on November 2, 2019, and whether it is the above rules.