1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. The total cost of the lawsuit is indicated as the representative of the plaintiff.

1. The plaintiff's assertion is a clan consisting of descendants of "A clan", and the defendant is a member of the plaintiff clan. The defendant is a member of the defendant's clan, even though the repair work was performed according to the oral contract concluded with the plaintiff's clan, its contents are inadequate, and the construction work was unilaterally suspended on or around November 9, 2013, and then arbitrarily transferred the construction cost of KRW 32 million from the plaintiff's account managed by the defendant.

Therefore, the Plaintiff terminated the construction contract with the Defendant by serving a copy of the instant complaint on the ground of the Defendant’s nonperformance. The Defendant is obligated to return the remainder of KRW 20,000,000,000, which remains after deducting KRW 8,100,000,000 corresponding to the actual construction work, out of the said KRW 32,22,2

2. The Defendant, as to the legitimacy of the instant lawsuit, did not have the right to represent the Plaintiff’s clan as the change of the Plaintiff’s representative, did not change the Plaintiff’s right to represent the Plaintiff’s clan, and therefore, D was non-Confidence at the board of directors of the Plaintiff’s clan around December 2013, and at the open extraordinary general meeting on January 15, 2017, the fact that the Plaintiff’s clan’s officers were newly constituted may be acknowledged by taking into account the overall purport of the pleadings, either the dispute between the parties, or the fact that the Plaintiff’s clan’s officers were newly constituted, as a whole, in the statement of evidence Nos. 5 and 6. Accordingly, the instant

[A. Meanwhile, the provisions of Article 265 of the Civil Act concerning the preservation of collective property cannot be applied to the preservation of collective property, and barring any special circumstance, a resolution of a general meeting of members pursuant to Article 276 (1) of the Civil Act shall be passed, barring special circumstances. Thus, in a case where a clan, which is an unincorporated association, files a lawsuit as an act of preserving collective property, it shall undergo a resolution of the general meeting of a clan unless there are special circumstances (see, e.g., Supreme Court Decision 2007Da17062, Dec. 27, 2007).