1. The instant lawsuit shall be dismissed.

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

1. Determination as to the legitimacy of the instant lawsuit

A. The plaintiff's assertion (1) The plaintiff's clan is a clan consisting of descendants of D 29 years old EF.

(2) Three children of H, I, and J were to be employed by the head of the Emar F (30 years of age), but the defendant clan was to be a common group of H (K and 31 years of age) and to be divided into or withdrawn from the plaintiff clan.

On December 19, 2014, the plaintiff's preparatory brief was asserted in the complaint that the common ancestor of the plaintiff clan was D 31 years old, but withdrawn.

B. (1) The unique meaning of a clan is a naturally occurring family organization formed by descendants of a common ancestor for the purpose of protecting the graves of the relevant vessel and enhancing friendly interests among 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, and by descendants.

However, if a non-corporate body has the ability to be a party in civil procedure, it must have organization to a certain extent and be a representative (Article 52 of the Civil Procedure Act). Thus, even a clan with an unique meaning established naturally, it shall be recognized as a party ability to satisfy the requirements of a non-corporate body. This is related to the requirements for litigation, and it shall be determined at the time of the closing of argument in fact-finding proceedings.

(see, e.g., Supreme Court Decision 2009Da95387, Mar. 25, 2010). Therefore, in order for the Plaintiff to be recognized as a party ability, the entity as an organization should be recognized. Accordingly, the following circumstances, which can be recognized by the entire purport of the statement and arguments as to No. 8, including ① the rules of the Plaintiff clan submitted by the Plaintiff, was established only on June 19, 2013, and Article 5 (Qualifications for Members) of the above rules of the clan was established only on June 19, 2013, and the membership of the Plaintiff clan is the entirety of the grandchildren who followed the blood transfusion of L 30 years old and older.