1. The plaintiff's appeal is dismissed.

2. The costs of appeal are assessed against D who is represented by the plaintiff.

purport, purport, and.

1. Basic facts - The plaintiff is a clan that sets up a common set of Tmph L (K 61 years of age).

- The 11-year-old grandchildren (K 71-year-old grandchildren) of the above Article (K 71-year-old grandchildren) issued a notification of convening a clan general meeting to about 311 members of the plaintiff's clan around February 2018.

- A resolution was made on the filing of the instant lawsuit with the purport of recovering the Plaintiff’s property trusted to the clan members from the clan general meeting held on March 3, 2018 (hereinafter “instant clan general meeting”).

In addition, D was elected as a representative for the performance of a lawsuit.

[Ground of recognition] Facts without dispute, Gap4 through 8 (including paper numbers), the purport of the whole pleadings

2. Whether the lawsuit of this case is lawful

A. The pertinent legal doctrine (1) Lawsuit on collective property can only be filed in the form of an essential co-litigation, either by an unincorporated association under its name or by the resolution of a general meeting of members, or by becoming all its members as a party thereto.

(2) With respect to the appointment of a clan representative or notification of convening a general meeting on September 15, 2005 (see, e.g., Supreme Court en banc Decision 2004Da44971, Sept. 15, 2005). (2) With respect to the appointment of a clan representative or the notification of convening a general meeting of a clan, the regulations or practices shall govern, and, in the absence of such regulations or practices, the remaining members are the highest, and have the authority to convene a general meeting by being a door

(3) For the purpose of validity of a resolution of the clan general meeting for the appointment of a clan representative, the general meeting needs to be convened by a legitimate convening authority. Thus, in a case where a legitimate convening authority is not convened, a resolution for the appointment of representative at the above general meeting shall not be effective.

(See Supreme Court Decision 2011Da51076 Decided May 9, 2013, etc.). B.

(1) The parties’ assertion (1) - The Defendants’ assertion - The S is not a co-appellant.

The general meeting of the clan of this case held by S shall be called by a person who is not a legitimate convening authority.

- In addition, part of the plaintiff's paper members.