1. Revocation of a judgment of the first instance;

2. The instant case is remanded to Daegu District Court Port Division.

purport, purport, and.

In accordance with the defendants' main safety defense, we examine whether the lawsuit of this case is legitimate.

1. The plaintiff's main defense of safety (i) of this case was a clan with PC 23 years of age as the plaintiff's entry of " Q Q." around February 98. The defendant C returned 32,90,000 won of the money owned by the plaintiff and 51,530,950 won of the deposit withdrawal amount deposited by the plaintiff at the office of the National Bank Ro, 150,000 won of the sale price of forest owned by the plaintiff, and 40,000,000 won of the provisional cancellation disposition amount received by the plaintiff from the above forest buyer, and it did not be returned. The plaintiff did not return 1/2 shares of the deceased S. 1/2 of the forest listed in the separate list (hereinafter "each forest of this case"), 200,000 won, 30,000 won of the inheritance net, 205, 30,0000 won of the inheritance net of the plaintiff, 207, 300,04 of the above trust shares among the heir's.

D. However, the defendants asserted that the lawsuit of this case filed by the plaintiff is unlawful as it was filed by a person without the power of representation, as a person who was not appointed by the resolution of a legitimate general assembly of clans as the plaintiff's representative, as a clan that was set up by the plaintiff to occupy each forest of this case.

2. Following the facts of recognition do not conflict between the parties, or there is evidence Nos. 4, 9, 12, evidence No. 13-1 through 5, evidence No. 15-1 through 3, evidence No. 16-1 through 4, Gap, 18, 19, evidence No. 22-1, 22-2, and evidence No. 23-1 through 4, Gap.