1. The instant lawsuit shall be dismissed.

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

1. As to the lawsuit of this case filed under the name of the plaintiff clan by C as to the legitimacy of the lawsuit of this case, the defendant does not have the qualification of the plaintiff's representative, and therefore, the lawsuit of this case is

As to this, the plaintiff was legally elected C as the representative of the plaintiff clan through the extraordinary general meeting of October 9, 2016, since the defendant, who was the chairperson of the plaintiff clan, did not elect the remaining president even after his term of office expires. This does not so.

Even if it is confirmed through the clan General Assembly on December 3, 2017 that C was the chairperson of the plaintiff clan and was engaged in the litigation of this case, the defect is cured.

2. Determination:

A. (1) In a case where a clan is a party, whether the representative of the clan has legitimate authority to represent the clan is subject to ex officio investigation by the court, and the representative of the clan is appointed according to the rules or practices of the clan, and if not, the head of the clan or the head of the clan shall convene and elect an adult or more among the members of the clan, and if there is no rules or practices regarding the appointment of the clan, he shall notify the clan of the appointment to the clan or the members who are clearly residing in the Republic of Korea as the head of the clan or the head of the door and have no rules or practices, and to convene the clan general meeting and appoint a representative of the clan at that meeting (see, e.g., Supreme Court Decisions 94Da5699, Mar. 12, 1996; 2009Da26596, Dec. 9, 2010); and where the members of the clan do not comply with the general meeting or the promoters of the clan who convened the general meeting without justifiable reasons, the person entitled to convene the clan's or the general meeting.