1. The instant lawsuit shall be dismissed.

2. The litigation costs are assessed against C who is represented by the plaintiff.

1. On November 23, 2010, the Defendant asserted that the Plaintiff did not have a legitimate resolution of the general assembly of a clan, and on November 23, 2010, the Defendant forged a written resolution of the general assembly of a clan with the purport that “D shall sell to D the Plaintiff for KRW 199,00,000 square meters of 453.1 square meters of 453 square meters of Ma, the Plaintiff owned.” On November 26, 2010, the Defendant completed the registration of transfer of ownership with respect to Ma, the Plaintiff owned to D on November 26, 2010.

As such, the Defendant disposed of real estate owned by the Plaintiff and acquired KRW 199,00,000 without any legal cause, and caused the same damages to the Plaintiff.

The defendant is obliged to pay the plaintiff 199,000,000 won with unjust enrichment and damages for delay.

2. Determination on the defense prior to the merits

A. C, expressed as the representative of the defendant, is not the representative of the plaintiff.

On February 22, 2017, the general meeting of the clan held on February 22, 2017 dismissed C from the representative and resolved to elect the defendant as the representative of the plaintiff.

Therefore, the instant lawsuit is unlawful because it was filed by a person without representative authority.

B. Determination 1) In general, in order to hold a clan general meeting within the meaning of the Plaintiff’s clan regulations concerning the ordinary general meeting, the representative or the convening authority shall hold a convocation notice of the general meeting to the members of the clan: Provided, That in cases where the members of the clan regularly meet at a certain place once a year in accordance with the rules or practices of the clan and agreed in advance to handle the church affairs of the clan at a certain time, the resolution of the meeting shall not be deemed null and void even if the notification of convening a convocation notice or resolution was not given separately (see, e.g., Supreme Court Decision 87Meu1194, Oct. 13, 1987). Meanwhile, Article 8(1) of the rules of the Plaintiff clan provides that the regular general meeting shall be presented on the date of January 2

‘Hamman' is defined only.

A clan Code provides, without any provision on the place and time of a general meeting, only a brief provision on the place and time of a general meeting is based on the general customs of the clan.

1. The clans present at the 26th century.