1. The instant lawsuit shall be dismissed.

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

1. As to the instant lawsuit, where the Defendant planted trees and installed steel containers on the ground of 10,13 square meters of C forest land in Jeju-si, Jeju-si, which is owned by the Plaintiff, and sought the collection and delivery of trees and steel containers and land against the Defendant, the Defendant asserts to the effect that the instant lawsuit ought to be dismissed on the grounds that the Plaintiff resolved to file the instant lawsuit through a general assembly call that was not lawful.

2. Determination

A. The provisions of Article 265 of the Civil Act concerning the preservation of collective property cannot be applied to the preservation of collective property. Barring special circumstances, a resolution of the general members' meeting pursuant to the provisions of Article 276 (1) of the Civil Act shall be passed, barring special circumstances. Thus, even where a clan which is not a juristic person conducts a lawsuit as preservation of collective property, it shall undergo a resolution of the general

(Supreme Court Decision 2009Da83650 Decided February 11, 2010). In holding a clan general meeting, barring any special circumstance, each person shall be given an opportunity to participate in meetings, discussions, and resolutions by individually notifying all members of the clan who are able to be notified of their whereabouts after determining the scope of the members of the clan who are subject to notification for convening a clan meeting and by individually notifying all members of the family residing in Korea because their whereabouts are clear, barring any special circumstance. Thus, a resolution at the clan general meeting held without a notification for convening a clan shall not be effective (see Supreme Court Decision 2009Da83650, Feb. 11, 2010). The method of convening a notification for convening a clan general meeting shall not be necessarily required to be done in writing directly, but it shall be done orally or by telephone, and it shall also be done freely

I would like to say.

(See Supreme Court Decision 2009Da7182 Decided May 28, 2009). B.

According to the overall purport of the statements and arguments in the evidence Nos. 9, 10, and 12 as to the instant case, the Plaintiff shall hold an ordinary general meeting on March 23, 2013 at D's Jeju and D's Han Day.