1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. The Plaintiff’s land ownership 1) is a clan made up of A’s descendants. 2) The Plaintiff is the owner of the D’s 475 square meter (hereinafter “instant land”).

B. The Defendants, who occupied the Defendant’s land, occupied and used the instant land by installing a container on the instant land as of the date of the closing of argument and residing in the said container while storing household appliances, such as cooling and washing machines, on the instant land.

C. By August 7, 2016, Defendant B prepared a letter of performance that he/she would deliver the instant land to the Plaintiff and delivered it to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3, Gap evidence 4, Gap evidence 2-1, Gap evidence 2-2, the purport of the whole pleadings

2. Determination

A. Relevant legal principles 1) In filing a lawsuit on jointly owned property by a non-corporate association, a resolution of the general meeting shall be passed unless there are special circumstances, such as otherwise stipulated in the articles of incorporation. Thus, a lawsuit filed by a non-corporate association in its name without the resolution of the general meeting is unlawful as it lacks the requisite for litigation (see, e.g., Supreme Court Decision 2010Da97044, Jul. 28, 201). Accordingly, a resolution of the general meeting of a clan shall be passed, barring special circumstances, in cases where a clan, which is an association that is not a juristic person, files a lawsuit on the jointly owned property (see, e.g., Supreme Court Decision 2009Da83650, Feb. 11, 2010).2) In addition, a clan general meeting has to determine the scope of members who are subject to a notification for convening a clan meeting, and it is evident that all members residing in Korea are able to be notified individually, thereby lacking the opportunity to participate in the meeting and resolution of the clan.