1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the defendant;

purport, purport, and.

1. Basic facts

A. The defendant is a clan of which the plaintiff's seven members are members of the D's clan, and the plaintiff is a member of the defendant's clan.

B. On June 27, 2017, the Plaintiff filed a lawsuit against the Defendant with the Daejeon District Court Branch 2017Gahap20261, and indicated F as the Defendant’s representative. Accordingly, the instant case was served on F, who was detained in Ulsan-gun, Ulsan-gun, U.S. At the time of October 10, 2017, 103-9, 103-9, U.S. Cheongsan-gun.

As the Defendant did not submit a written response, the above court rendered a judgment accepting the Plaintiff’s claim on November 22, 2017 (hereinafter “the judgment for review”) without going through a pleading, and the judgment for review became final and conclusive on December 12, 2017.

[Reasons for Recognition] A without dispute, significant facts in this court, Gap evidence 1 and Eul evidence 1, the purport of the whole pleadings

2. Since the summary of the defendant's request for retrial was served as the representative of the defendant and was detained on suspicion of embezzlement of the defendant's funds, at the special general meeting on July 30, 2016, AL was elected as the chairperson of the defendant, and thereafter at the general meeting on April 11, 2017, AM was elected as the chairperson of the defendant.

Therefore, even though F was not the representative of the defendant at the time when the plaintiff filed a lawsuit for a new trial, the plaintiff stated F in the complaint as the representative of the defendant, and the complaint was served to F who is not a legitimate representative of the defendant, and thus the decision for new trial became final and conclusive, the decision for new trial has grounds for new trial under Article 451(1)3 of the Civil Procedure Act

3. The defendant filed a lawsuit for retrial of this case with the name of AM as to the legitimacy of the lawsuit for retrial of this case, and the defendant's attorney also stated AM as the defendant's representative. Thus, the defendant filed a lawsuit for retrial of this case as the defendant's representative.