1. The instant lawsuit shall be dismissed.

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

1. Determination as to the legitimacy of the instant lawsuit

A. The parties’ assertion 1) The Plaintiff is a clan with DC 24 years of age as a joint ancestor and consisting of descendants residing in the Friuri-gun, Chungcheongnam-do. Since G, the representative of the Plaintiff, legitimately held the general assembly of the instant clan for the creation of the instant clan, the instant lawsuit is lawful (On the other hand, the Plaintiff asserted that the Plaintiff’s joint ancestor aid is DC 26 years of age until the first day of March 6, 2018 after the filing of the instant lawsuit, but thereafter changed the Plaintiff’s assertion as to the Plaintiff’s joint ancestor aid.

(2) The Defendants’ Plaintiff did not have the substance of a clan as a clan for the institution of the instant lawsuit as well as the Plaintiff’s general assembly for the institution of the instant lawsuit. As such, the instant lawsuit is unlawful, since it did not meet the Plaintiff’s general assembly requirements for the institution of the instant lawsuit.

B. 1) Determination 1) The unique meaning of a clan unique to its own meaning does not require a special organization as a clan organization under the customary law that is naturally created for the purpose of the protection of graves, the religious services, and the friendship among the members of a clan. The descendants of a common ancestor naturally become the members of a clan when they reach majority, and part of the members cannot be arbitrarily excluded from their members. Thus, the organizations that only part of the members of a clan residing in a specific area or the members of a specific clan shall not be the organizations similar to the clan and shall not be the clans of unique meaning (see Supreme Court Decision 2002Da4863, May 10, 2002). Determination of whether a clan is its unique meaning should be made by comprehensively taking into account the purpose of the clan, its establishment, the circumstances of the organization, its scope and qualification, and the contents of the rules of the clan (see Supreme Court Decision 201Da5296, Jun. 28, 2002).