1. Revocation of a judgment of the first instance;

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

1. The court's explanation on this part of the basic facts is identical to the corresponding part of the reasoning of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination on the defendants' main defense

A. The main point of the Defendants’ assertion is that the Plaintiff’s assertion is unlawful on the grounds that the Plaintiff’s substance is either unclear or nonexistent as an organization supplied for the instant lawsuit, and thus, the Plaintiff’s lawsuit is unlawful.

B. (1) The unique meaning of a clan does not require a special organization as a naturally occurring family member for the purpose of protecting the graves of the common ancestor and promoting friendship among the members of the common ancestor, but it does not require a special organization. Among the descendants of the common ancestor, an adult or older person naturally becomes its members, and part of the members cannot be arbitrarily excluded from his or her members. Thus, an organization whose members only reside in a specific area is merely a similar organization of a clan and cannot be a clan of its unique meaning.

(See Supreme Court Decision 2002Da4863 delivered on May 10, 2002). However, in a case where an organization is formed by only a resident of a specific area or a person within a specific scope for the protection of graves, for the purpose of religious rites, and for the purpose of friendship, and where it can be recognized that the organization is an organization, it may be recognized as an organization without a clan’s original meaning or as an association with no capacity to have rights similar to a clans.

(See Supreme Court Decision 92Da2899 delivered on April 24, 1992. On the other hand, since matters concerning whether a clan or a similar organization of a clan has the capacity to be a party are matters under the court's ex officio investigation, the court must investigate facts constituting the premise for determining the party's ability ex officio without the need to be bound by the parties' arguments and determine the party's ability based on such facts.