1. The instant lawsuit shall be dismissed.

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

1. The Plaintiff’s cause of the claim is an organization composed of descendants who have a fluence in the original district among the descendants of D, and the Defendant is occupying 60 square meters of waste trees on the ground of 826 square meters above the land owned by the Plaintiff and without permission. As such, the Defendant is obligated to deliver the said land, collect waste trees, and pay unjust enrichment calculated by the ratio of KRW 250,000 per month until transferring the land.

2. We examine whether the instant lawsuit is legitimate ex officio by determining the legality of the lawsuit.

In order for a clan to file a lawsuit under its name, it shall undergo the resolution of the general meeting, and the lawsuit filed in the name of the clan without the resolution of the general meeting shall be unlawful by holding the special authorization for filing a lawsuit by the representative of the clan.

(see, e.g., Supreme Court Decision 2006Da64573, Jul. 26, 2007). A clan general meeting shall determine the scope of the members of the clan subject to notification for convocation by the clan and, barring special circumstances, provide each person with an opportunity to participate in meetings, discussions, and resolutions by individually giving notice to all the members of the clan who are clearly residing in Korea and their whereabouts are able to be notified, and no resolution of the clan general meeting held without a notification for convocation to some members of the clan, is valid.

(see, e.g., Supreme Court Decision 2007Da34982, Sept. 6, 2007): Provided, That in cases where members of a clan regularly gather at a certain place on a certain day and deal with the religious affairs of a clan according to the rules or practices of a clan, it is not necessary to separately convene a general meeting, and if a clan has made a resolution on the management of the clan property by opening a general meeting on a regular basis without any special convening procedure on the regular date, the above resolution shall be deemed valid as it is in accordance with the custom of the clan.

(see, e.g., Supreme Court Decision 2011Da34743, Sept. 8, 2011). Meanwhile, the protection of graves of a vessel, e.g., funeral and friendship.