The action for retrial shall be dismissed.

Litigation costs for retrial shall be borne by C.

Judgment ex officio is made.

According to the records, the plaintiff (hereinafter "the plaintiff") filed a lawsuit against D, etc. with the Daejeon District Court Branch Branch of 2003Kahap413 to file a claim for the closure of a clan, etc. The mediation of which shall be decided at the general meeting of the clan in 2004 to maintain the name of the plaintiff as it is or to change to B. Accordingly, the plaintiff held the general meeting of clan on November 14, 2004 (hereinafter "general meeting of this case") to change the name of the clan into B. G was elected. After that, the plaintiff's representative participated in the above resolution but refused to sign the minutes, and then rejected the plaintiff's request for the transfer registration as it was decided to dismiss the plaintiff's appeal on the ground that the plaintiff was not entitled to represent the clan on the ground that it was decided on November 14, 2004.

According to the above facts, C cannot be deemed to have the authority to represent the plaintiff since the name of a clan was changed to “B”, and there is no evidence to deem that C acquired the status of representative of the plaintiff thereafter, and the lawsuit of this case is unlawful as it was filed by C without legitimate power of representation on behalf of the plaintiff.

Therefore, the suit of this case shall be dismissed, and the costs of the retrial shall be borne by C who fails to prove the existence of the Plaintiff’s representative authority by applying Articles 64, 108, and 107(2) of the Civil Procedure Act. It is so decided by the assent of all participating Justices.