1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by G.

1. Determination on this safety defense

A. The gist of the argument is that the lawsuit of this case is unlawful because it was not a representative of each plaintiff's clan nor a resolution to appoint G as a representative.

B. The provisions of Article 265 of the Civil Act concerning the preservation of property jointly owned cannot be applied to the preservation of property jointly owned. Barring special circumstances, a resolution of the general meeting of members pursuant to Article 276(1) of the Civil Act shall be passed, barring special circumstances. Thus, even where a clan, which is an association which is not a juristic person, files a lawsuit as preservation of property jointly owned by it,

(see, e.g., Supreme Court Decision 2007Da17062, Dec. 27, 2007). Each statement of evidence Nos. 13, 14 through 16, and 19 is insufficient to acknowledge that each of the plaintiffs' clan made a resolution to appoint a representative of G, and there is no other evidence to acknowledge it.

Rather, each of the following facts and circumstances acknowledged by the evidence Nos. 2 through 4-2, Eul Nos. 1 through 6 (including all of the family numbers), and No. 13, i.e., in the case of Plaintiff C clan, a resolution was passed to select G as the representative responsible for managing the real estate of the clan at the tenth of the total 10 persons on December 8, 1993, and at the time H, D, I, J, K, L, M, N, F, and G were present as members of the clan.

Plaintiff

On May 25, 1991, the A literature selected G as a representative responsible for managing the real estate of the clan on five members from among the five members, and at the time G, L, I,O, and F were present as members of the clan.

Plaintiff

In the case of Class B, on September 12, 1990, G was selected as the representative responsible for managing the real estate of the clan of G as seven of the total seven members, and P, K, D, G, F, N, and Q were present at the time.

However, G filed the instant lawsuit in relation to the real estate owned by each of the plaintiffs and received the power of representation from each of the plaintiffs.