1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The ground for the plaintiff's claim is stated in attached Form 1.

2. Determination on the defense prior to the merits

A. As to the plaintiff's lawsuit of this case, the defendant raised without the resolution of the legitimate general meeting of clans, which is an unlawful lawsuit of this case.

(1) Where a clan files a lawsuit without a resolution of the general meeting of its members due to a lawsuit concerning the property of collective ownership, it is unlawful to hold a special authorization as to filing a lawsuit by holding a special authorization as to filing a lawsuit.

(2) A clan of this case (see Supreme Court Decision 2006Da64573, Jul. 26, 2007) provides each person with an opportunity to participate in discussions and resolutions by providing each person with an opportunity to participate in such proceedings by convening a notification for convening a notification to all the adults who can be notified among the members of the clan, and there is no effect of a resolution of a clan general meeting held without a notice for convening a notification to some members

When a clan holds a general meeting, it shall, unless there are special circumstances, include not only all the clans recorded in the bulletin but also the clans who are not recorded in the bulletin, and shall individually give a notice for convening a general meeting to the members of the clan who are able to communicate with the location clearly after determining the scope of the clans subject to the notice for convening the general meeting (see Supreme Court Decision 95Da44986, Feb. 28, 1997). If the clans have been prepared relatively recently, it shall have to make efforts to determine the members of the clans and grasp their location, and if it is impossible, it shall be supported by reasonable reasons therefor. If it is not possible for the clans to hold the general meeting, the resolution of the general meeting shall be deemed null and void.

(See Supreme Court Decision 2000Da17582 delivered on July 6, 2000). C.

Judgment

In light of the above legal principles, the Plaintiff’s evidence Nos. 2-1, 2, 3, 1-1, 2, 3, and 2-1, 1-2, 3, and 2-2 are examined as to the instant case.