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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Since the Defendant’s lawsuit of this case is unlawful, and thus, it is necessary to first examine this as well.
1. In order for a clan to file a lawsuit as an act of preserving the property jointly owned by it, the lawsuit of this case filed without a resolution of a legitimate general meeting of clans is unlawful, even though it goes through the resolution of the general meeting
Since C asserted as the representative of the plaintiff cannot be deemed as the changed representative through a legitimate clan general meeting, the lawsuit of this case filed with C as the representative of the plaintiff is unlawful.
2. Determination
(a) Since the property of a clan belongs to the collective ownership of the members of the clan, if there is a provision of the clan first concerning the management and disposition thereof, it shall be followed, and unless there is a provision of the clan, it shall be decided by the resolution of the general
(See Supreme Court Decision 2000Da22881 delivered on October 27, 2000). The plaintiff is seeking against the defendant the return of unjust enrichment on the deposit, which is a clan property, as the lawsuit of this case. This constitutes the management of collective ownership and thus requires a resolution of the clan general meeting.
According to the records of Gap evidence No. 6, the minutes of the second special meeting are deemed to have been prepared, but there is no evidence to prove that the above special meeting had been completed for all members of the plaintiff clan through legitimate notification of convening a convening office, and it is difficult to view that there was a legitimate resolution of the clan general meeting of this case concerning the filing of the lawsuit in this case.
B. In addition, according to the records of Gap evidence No. 2, whether C alleged as the representative of the plaintiff can be deemed as the changed clan representative after a legitimate general meeting, the minutes of the general meeting of the year 2018, such as “A shall be the minutes of the general meeting of the clan 10:30 and 3 of January 13, 2018 at the same time,” and “A shall be elected as the president of the clan.”