1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The defendants' judgment on this safety defense are collectively owned in the form of the clan's property ownership. Thus, the plaintiff's clan has gone through the resolution of the general meeting of clans to file the lawsuit of this case, but the plaintiff's clan has filed the lawsuit of this case without such resolution, and therefore, the lawsuit of this case is unlawful.

Unless there are special circumstances such as otherwise stipulated in the articles of incorporation, in filing a lawsuit concerning property jointly owned by a non-corporate group, it shall undergo a resolution of a general meeting of members. Thus, a lawsuit filed by a non-corporate group in its name without a resolution of such general meeting of members is unlawful, since the requirements for

(see, e.g., Supreme Court Decisions 94Da28437, Oct. 25, 1994; 2006Da64573, Jul. 26, 2007). In addition, there is no evidence to acknowledge that the Plaintiff had passed a resolution of the general meeting of a clan prior to filing the instant lawsuit concerning the property jointly owned by the clan. Thus, the instant lawsuit filed by the Plaintiff by the clan is unlawful.

2. As such, the plaintiff's lawsuit of this case is dismissed as it is unlawful, and the judgment of the court of first instance is unfair, and it is so revoked, and it is so decided as per Disposition with the decision to dismiss the lawsuit of this case.