1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are assessed against C who is represented by the plaintiff.

1. The plaintiff's assertion

A. The Plaintiff owns the land listed in paragraph (a) of attached Table 1 (hereinafter “instant land”) and each land listed in paragraphs 2, 3 and 4 of the same Table (hereinafter “instant land”) with a clan consisting of lineal descendants and descendants of A.

Plaintiff

On December 31, 1988, D, without the consent of the plaintiff, arbitrarily constructed a building listed in attached Table 1-B (hereinafter "the building of this case") on the land of this case without the consent of the plaintiff.

B. On or around June 9, 2010, the Defendant acquired the ownership of the instant building, and occupied the instant land as the site of the said building without permission, and used the instant land by leasing and cultivating crops from E who assumes the Plaintiff’s custodian without any disposal authority on or around September 1, 2012.

C. The Plaintiff, as the owner of the instant land No. 1 and 2, claimed unjust enrichment on the instant land No. 1 and 2, or claimed for reimbursement of KRW 9,485,541 as well as damages for delay on the land No. 1 and 2, due to the termination of the loan of use on the land No. 1 and 2, and sought removal of the instant building and delivery of the instant land No. 1 and 2.

2. Determination on the legitimacy of the instant lawsuit

A. The defendant's argument is that C, the representative of the plaintiff's clan, is not elected through a legitimate clan meeting. Thus, the lawsuit of this case brought by C without legitimate authority of representation for the plaintiff's clan is unlawful, and the plaintiff's clan is not subject to the resolution of the general meeting of clans that is effective for filing the lawsuit

B. 1) The provisions of Article 265 of the Civil Act concerning the preservation of collective property cannot be applied to the preservation of collective property that is jointly owned. Barring any special circumstance, a clan, an association which is not a juristic person, shall jointly own property, unless it is subject to a resolution of a general meeting of members pursuant to Article 276(1) of the Civil Act.