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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. The reasoning of the judgment of the court of first instance citing this case is as follows, and the reasoning of the judgment of the court of first instance citing this case is the same as that of the judgment of the court of first instance, except for the following determination as to the assertion added by the Defendants.
2. Additional determination
A. The defendants' assertion (1) The plaintiff does not have the ability to be a party because it is not recognized as a clan.
(2) A general meeting held on June 30, 2018 by the Plaintiff is null and void by holding without a legitimate representative or without undergoing due process for convening a notice.
Therefore, the lawsuit of this case is unlawful because it is not filed by a legitimate representative or there is no special authorization as to the lawsuit.
B. (1) The Plaintiff’s inherent meaning of the party capacity is a naturally created family organization formed by descendants of the joint ancestor for the purpose of protecting the graves of the relevant vessel, promoting friendship between his and his descendants, even if there is no special organization, it is established by death of the relevant vessel at the same time. If a clan has been organized to the extent represented by a representative, etc. elected in accordance with the rules or customs of the clan and is engaged in continuing activities, the organization as a non-corporate group is recognized (see, e.g., Supreme Court Decision 2011Da64607, Jan. 10, 201). The Plaintiff has the overall purport of oral arguments in each of the following items: (a) the Plaintiff, as a general member of the joint ancestor, had its own property for the establishment and management of the clan first seven years old; and (b) the Plaintiff had its own property for the first time, including the establishment and management of the clan first day, and (c) the Plaintiff had its own property for the first time.