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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Defendant asserted that his term of office has expired in November 2010, and was in custody of KRW 26,466,189 among the Plaintiff, but the Plaintiff clan requested the Defendant to return the above public funds after he elected D as the representative of the Plaintiff clan on February 20, 201.
However, the defendant still rejected the return of public funds by asserting that he is the representative of the clan or that he is the representative of the clan, and delivered the passbook to C.
Since the defendant or C has diverted 26,466,189 won of public funds of the clan for personal purposes unrelated to the interests of the plaintiff clan, such as attorney fees, and thereby has inflicted damages equivalent to the above amount on the plaintiff clan, the defendant is jointly and severally liable with C to pay the plaintiff 26,46,189 won and damages for delay.
2. According to the reasoning of the judgment below, the judgment of the court below is delivered on August 23, 2012 to the purport that the resolution of the special meeting of the plaintiff's clan from November 27, 201, which appointed D as the representative of the plaintiff's clan, is legitimate, and the above judgment of the Supreme Court became final and conclusive. ② The defendant transferred the passbook where the plaintiff's public funds were kept by the plaintiff's clan to C who was appointed as the representative of the plaintiff's clan at the special meeting of the plaintiff's clan on November 13, 201.
However, in light of the overall purport of the arguments in Eul evidence Nos. 1, 2, 7, and 10, in the case of the provisional injunction for the suspension of the execution of duties by the chairman of this court on September 20, 2011, this Court held D from the general meeting of the plaintiff clan of February 20, 201 that D as the chairman, Eul as the vice-chairman, and F as the resolution on the general meeting of the plaintiff clan of February 20, 201 is null and void, and D until the time when the request for confirmation of the confirmation of the resolution of the general meeting of the plaintiff clan of February 20, 201 becomes final and conclusive.