1. The Defendant’s KRW 51,667,880 as well as 5% per annum from April 11, 2014 to December 23, 2015 to the Plaintiff.

1. Determination on this safety defense

A. (1) The summary of this Safety Defenses (hereinafter the plaintiff clan) is based on the parts in which C’s descendants are recorded from among the family clans published in 1957 and the family clans published in 1984 and 1987, and the above family clans are all organized. As such, the plaintiff clans are not recognized as being incapable of being a party because the family clans are unclear.

Therefore, the instant lawsuit is unlawful as it is filed by a person who has no capacity to be a party.

The lawsuit of this case was brought without the resolution of the general meeting of the clan, and it is unlawful for the lawsuit of this case brought by D while D was the representative of the plaintiff, since the ratification resolution of July 9, 2013, which ratified the act as the representative of D without the resolution of the representative of the clan or ratified the act as the representative of D, was defective in the convocation procedure by omitting the notification of convening a part of the members.

The Plaintiff’s resolution of appointment of representative E on March 2, 2015, and the resolution of the instant lawsuit and the ratification of all the procedural acts by former representative D are defective in convening procedures by omitting a notice of convening many members. Therefore, the above resolution is null and void. Accordingly, the instant lawsuit is unlawful.

B. (1) The judgment on the ability of a clan is the naturally occurring organization formed by descendants of the common ancestor for the purpose of protecting the graves of the ancestor and promoting friendship between their descendants and their descendants, which is formed by their descendants at the same time as the death of the ancestor and their descendants. If the clan has been equipped with and continuously engaged in activities to the extent represented by the representative elected in accordance with the rules or customs of the clan, the organization as a non-corporate group is recognized. Meanwhile, the issue of whether the clan has capacity as a non-corporate group is related to the litigation requirements and the issue of whether the clan has capacity as a non-corporate group is determined at the time of the closing of arguments in the fact-finding court.

Supreme Court Decision 91Da31661 Decided November 26, 1991 and Supreme Court Decision 25 March 201.