1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. The costs of the lawsuit are assessed against the Plaintiffs.

1. In a case where a clan is a party to which the judgment on the legitimacy of the lawsuit of this case is a party, whether the representative of the clan has legitimate power of representation or not is a matter of ex officio investigation by the court. Thus, the court does not have a duty to detect the facts and evidence, which are basic data of the judgment

Even if there are circumstances that are doubtful about the legality of the power of representation based on the documents already submitted, the other party is obligated to examine and investigate the documents even if the other party does not specifically point out and dispute them.

(see, e.g., Supreme Court Decision 91Da21039, Oct. 11, 1991). The plaintiffs appointed a representative of the defendant as AB and submitted the complaint of this case. Since AB appointed an attorney in the first instance and the first instance court, it is clear in the record that various procedural acts were conducted on behalf of the defendant by performing the litigation.

However, since there was no legitimate resolution to select AB as the defendant's representative for the first time in the trial, AB is arguing that it is not a legitimate representative of the defendant and dispute the validity of the defendant's procedural acts.

On the other hand, the defendant made a resolution to appoint AB as the defendant's representative at the ordinary general meeting in 2000, and the defendant's decision to appoint AB as the defendant's representative, and the defendant's decision to hold the ordinary general meeting on the Saturdays (the Saturdays that comes earlier than October 15, 2000 and comes earlier in 200, November 4, 200) which comes earlier than October 15 of each year according to the defendant's practice, and even if there is no separate convocation procedure, the general meeting of November 4, 200 is legitimate and that AB that is appointed as the representative is the defendant's legitimate representative.

Therefore, with respect to whether a family member has legitimate authority to represent the defendant, if the family members gather regularly at a certain place on a certain day every year in accordance with the rules and practices of the clan, and are to handle the family members' religious services, it shall be done separately.