1. The instant lawsuit shall be dismissed.

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

1. Determination on the lawfulness of the instant lawsuit

A. The benefit of confirmation ex officio is recognized in a case where there is a dispute between the parties as to the legal relationship subject to confirmation, and thereby, it is deemed that the determination of the Plaintiff’s legal status as the confirmation judgment is the most effective and appropriate means when the Plaintiff’s legal status is unstable and dangerous (see, e.g., Supreme Court Decisions 93Da40089, Nov. 22, 1994; 2003Da55059, Dec. 22, 2005).

The main point of the argument is that the plaintiff, as the cause of the claim of this case, the substance of the contract concluded between the defendant clan and N, on the land of this case constitutes a disposal of the property of the clan, and the resolution is made by the clan. Although the defendant clan did not hold a clan on January 6, 2012, the defendant clan did not hold a clan meeting on the above day, and prepared minutes as shown in the resolution of this case and entered into the said trade reservation, the plaintiff asserts that the non-existence of the clan meeting of January 6, 2012 and the invalidity of the resolution of this case are sought as preliminary confirmation.

As to this, Defendant clan asserts to the effect that: (a) a contract entered into between Defendant clans and N with respect to the instant land constitutes a land use agreement, not a resolution of the clan meeting; and (b) even if the resolution of the clan meeting is a resolution, it is legitimate disposition by the resolution of the clan meeting, since it was held on November 20, 201 after the resolution of the members of the clans meeting with the consent of all members of the members of the clans held on November 20, 201 and January 6, 2012, since it constitutes a legitimate disposition by the resolution of the clans meeting.

C. On January 6, 2012, where the Plaintiff seeks confirmation of non-existence, there is no evidence to deem that there was a notification procedure for convening a clan, and thus, the clan general meeting is serious.