1. The instant lawsuit shall be dismissed.

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

1. Whether the lawsuit of this case is legitimate

A. The Plaintiff asserted that the Plaintiff had a general meeting on April 28, 2012 before filing the instant lawsuit seeking removal of the claim and return of unjust enrichment equivalent to the rent, since each building entered in the purport of the claim owned by the Defendant on the land of 3,716 square meters in Seocheon-si, Seocheon-si, Seocheon-si, and the Defendant had an obligation to remove each building stated in the purport of the claim, deliver the pertinent land, and return the rent to the Defendant. In preparation for any defect in the resolution of the said general meeting, 33 of the members visiting the general general meeting after filing the lawsuit and attending the general meeting on June 22, 2013, 35 of all members visiting the meeting to appoint C as the representative of the clan. Accordingly, the Defendant has the obligation to remove the building stated in the purport of the claim to the Plaintiff, deliver the pertinent land, and return the rent equivalent to the royalty.

In this regard, the defendant argues that the resolution of the extraordinary general meeting of the plaintiff clan is unlawful because it is merely a part of the members of the clan, and the lawsuit of this case is filed by a person who is not the representative of the clan without going through the resolution of the clan general meeting on the filing of the

B. In order for a clan, which is a non-corporate non-corporate body, to file a lawsuit under its name, it shall undergo a resolution of the general meeting, and the lawsuit filed by the representative of a clan under the name of the clan without a resolution of the general meeting is unlawful by holding the special acceptance

(See Supreme Court Decision 2006Da64573 Decided July 26, 2007, etc.). A clan general meeting, barring any special circumstance, shall individually give notice to all members of the clan, whose location is obvious, after determining the scope of the clan members subject to notice for convening a notification according to the Sejong, and shall not have the effect of a resolution of a clan general meeting held without a notice for convening a notification to some members (see, e.g., Supreme Court Decision 2007Da34982, Sept. 6, 2007).