1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. The plaintiff is a member of the clan of the clan C (hereinafter referred to as the "non-party clan"), and the defendant is the chairperson of the non-party clan.

B. Of the area of 2,613 square meters (hereinafter “instant land”) registered in the name of the non-party clan, the registration for transfer of ownership was completed in the E-F future on the ground that the sale on June 26, 2015 (the transaction price of KRW 882,50,000) took place on March 16, 2016 with respect to one half of each portion among the area of 2,613 square meters (hereinafter “instant land”).

[Ground of recognition] A without dispute, entry of Gap evidence 2, purport of whole pleadings

2. Judgment on the main defense of this case

A. The defendant asserts that he did not return to the non-party clan the sales price received by the non-party clans for the sale of the land of this case, which is owned by the non-party clans. Regarding the plaintiff's lawsuit of this case seeking the return of 50 million won, which is part of the sales price, on behalf of the non-party clans, the defendant is not entitled to file the lawsuit of this case

B. A lawsuit regarding property collectively owned by an unincorporated association may either be filed in its name by a resolution of a general meeting of members, or only be filed in the form of an indispensable co-litigation with all its members being the parties, and even if its members were the representative of the association, or was subject to a resolution of the general meeting of members.

Even if the lawsuit cannot be a party to the lawsuit, and this legal principle is the same to the case where the lawsuit is brought as a preservation act of collective ownership property.

(See Supreme Court en banc Decision 2004Da44971 Decided September 15, 2005). C.

The purchase price for the land of this case shall be collectively owned by the members of the non-party clan, and in light of the above legal principles, the lawsuit of this case is filed by the plaintiff's individual, who is merely the members of the non-corporate clan, as a lawsuit to preserve the collective ownership of the property, which is not a party standing. Therefore, the defendant's main defense to this point is inappropriate.