1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The reasoning of the judgment of the court of first instance concerning the instant case is as stated in the part of the judgment of the court of first instance, except for an additional determination as to the Defendant’s main defense as to the Defendant’s main defense as set forth in the following 2. Thus, it is acceptable in accordance with the main sentence of Article 4

2. Judgment on the defendant's main defense of safety

A. (1) On October 15, 2014, regarding the non-existence of the Defendant’s right of representation, the resolution of the Plaintiff’s clan’s general assembly on which the Defendant’s assertion T was appointed as the representative is null and void due to the defect in the convening procedure, etc. Even if the resolution is valid, T had the representative’s term expired on December 31, 2016, and the lawsuit of this case was brought on February 10, 2017. Thus, the lawsuit of this case brought by the non-representative of the right of representation is unlawful.

(2) The litigation conducted by the representative of an unincorporated association shall become retroactively effective when the representative duly acquired the qualification of representative after the procedural acts are ratified, and such ratification may also be conducted in the final appeal.

(See Supreme Court Decision 2010Da77583 Decided December 9, 2010 (see, e.g., Supreme Court Decision 2010Da77583, Dec. 6, 2010). In full view of the purport of the entire pleadings in the written evidence No. 6, Seoul Eastern District Court Decision 2017Kahap10153, Jul. 26, 2017, which rendered a decision to suspend the duties of the chairperson, who is the representative of the plaintiff clan, issued a decision to appoint U as the representative of the plaintiff clan on Oct. 13, 2017, and U confirmed the institution of the lawsuit in this case. Thus, since U, the representative of the plaintiff clan, ratified the institution of the lawsuit in this case, as long as it confirmed the institution of this case, the defendant's assertion in this part of this case cannot be accepted without considering the remaining points.

B. Regarding the non-existence of a resolution of the general assembly regarding the instant lawsuit (1)