1. The Plaintiff; Defendant B is KRW 133,800,000; Defendant E is KRW 48,200,000; Defendant F and G are KRW 500,000, respectively; and Defendant H is 25,287.

The summary of the defendants' assertion on the defense before the merits of this case is that the plaintiff only has the appearance of a clan as if the plaintiff was a member of the clan in order to file the lawsuit of this case, and does not have the essence of a clan with its unique meaning. Even if the plaintiff has the substance of a clan with its unique meaning, the lawsuit of this case was instituted by a person without the power of representation and did not go through a resolution of a legitimate general meeting of clans for the filing of the lawsuit of this case, so the lawsuit

A clan with a unique meaning of whether the plaintiff's ability to stand is recognized as a party is a naturally occurring relative organization formed by descendants of the common ancestor for the purpose of protecting the graves of the ancestor, promoting a friendship among their descendants, which is established by his/her own loss at the same time as the death of the ancestor, and no special organization is required for its establishment.

However, there is a case where the rules are established in order to regulate the activities for the protection of graves, the conduct of religious services, and the friendship among members of the common ancestor, and when performing external acts, it is only necessary to appoint a representative, and it does not necessarily require the use of a specific name and the written clan rules, or the representative of a clan is continuously appointed, etc.

(see, e.g., Supreme Court Decisions 96Da488, Jul. 10, 1998; 2010Da1166, Apr. 29, 2010). Meanwhile, inasmuch as matters concerning whether a clan has a party capacity are subject to ex officio investigation by the court, the court must ex officio investigate facts constituting the premise for determining a party capacity without being bound by the parties’ arguments. In determining whether a party capacity exists based on such facts, the parties are socially interested organizations such as the purpose, organization, and members of a clan.