The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

1. As to the grounds of appeal that the lawsuit of this case is unlawful, a clan unique meaning of the grounds of appeal is a naturally occurring family organization formed by descendants of the joint ancestor for the purpose of protecting the graves of the relevant vessel, protecting the remains of the relevant joint ancestor and promoting friendship among their descendants, and even if there is no special organization, it is established by the death of the relevant vessel at the same time as the death of the relevant vessel

(See Supreme Court Decision 2011Da64607 Decided January 10, 2013). In a unique meaning of a clan, since a clan is deprived of the qualification of a clan member or it is impossible for a clan member to withdraw from the clan, the descendants of the common clan cannot engage in the division of clans such as the division of clans.

(See Supreme Court Decision 97Do1993 Decided February 27, 1998. Meanwhile, in a case 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 does not require separate procedures for convening a clan meeting (see Supreme Court Decision 2005Da56315, May 11, 2007). The litigation conducted by the representative of a non-incorporated association who is not legitimate representative after the representative has lawfully acquired the qualification as representative becomes effective retroactively at the time of the act when the representative ratifications the litigation (see Supreme Court Decision 2010Da77583, Dec. 9, 2010). The court below decided that the plaintiff's previous resolution was invalid since the plaintiff's previous resolution was not in itself made on May 20, 2012 because the plaintiff's previous resolution was not in conformity with the rules or practices of a clan.