1. The plaintiff's appeal is dismissed.

2. The costs of appeal are assessed against C (D) who is represented by the Plaintiff.

The plaintiff's assertion by the plaintiff is a clan set up in the Emphe City and comprised of descendants. The defendant is a clan set up in the Emphe City and composed of descendants. The plaintiff lends 41,00,000 won to the defendant, including the sum of 30,000,000 won on March 30, 2009, 300,000 won on March 10, 201, and 41,000,000 won on March 8, 2012. Thus, the defendant is obligated to pay the plaintiff the above loan amount of KRW 41,00,000,000 and damages for delay.

The defendant's assertion that the plaintiff did not have the substance of a clan, and the plaintiff's resolution of the lawsuit of this case was made on June 10, 2015 at the meeting of some of the plaintiff's clan members held without a notification of convening a clan for the clan members, and the lawsuit of this case brought without a resolution of the general assembly of clan members is unlawful by holding a special right to file a lawsuit.

The provisions of Article 265 of the Civil Act concerning the preservation of jointly owned property cannot be applied to the preservation of legal principles concerning the legality of the lawsuit of this case. Barring any special circumstance, barring any special circumstance, the resolution of a general meeting of members pursuant to Article 276(1) of the Civil Act shall be passed. Thus, even in a case where a clan, which is not a juristic person, files a lawsuit as an act of preserving property jointly owned by it,

(See Supreme Court Decision 2009Da83650 Decided February 11, 2010 (see, e.g., Supreme Court Decision 2009Da83650, Feb. 11, 201). In addition, when a clan holds a general meeting, it shall include not only all the clans listed in the Sejong, but also the clans who are not recorded in the Sejong, and shall give a notification individually to the clans who are able to contact with the members because their location is clear after determining the scope of the clans subject to the notification of convening the general meeting, and if it is impossible, it shall make efforts to make efforts to determine the clans and to ascertain the location thereof to the extent that they were able to use at the time