1. The plaintiff's appeal is dismissed.

2. The costs of appeal are borne by B indicated as the representative of the plaintiff.

purport, purport, and.

1. Since the Defendant occupies and uses a road on each of the real estate listed in the separate sheet owned by the Plaintiff in the summary of the Plaintiff’s assertion (hereinafter “instant real estate”), the Defendant shall pay to the Plaintiff the amount of money with the rate of KRW 9,722,00 per month from April 24, 2010 to July 31, 2016 and from August 1, 2016 to the time when the Plaintiff loses the ownership of the instant real estate or the Defendant closes the road.

2. Determination as to the legitimacy of the instant lawsuit

A. A. A clan within its unique meaning of the basic legal doctrine does not require a special organization act or a covenant as a naturally created body of a clan, the purpose of which is to protect the graves of the common ancestor and to promote friendship among the members of the clan. However, even if the clans are naturally created groups, only if they are descendants of the common ancestor, they cannot automatically establish the clans, not automatically establish, but only if they have an organization to the extent represented by the representative elected in accordance with the rules or customs of the clans and have continuously performed their activities for the above purpose, they can recognize their unique meaning only when they have been selected by the representative elected in accordance with the rules or customs of the clans.

(See Supreme Court Decision 91Da16525 delivered on August 27, 1991). In addition to the unique meaning of clans, an organization consisting only of some members of the clans residing in a specific area among the descendants of the common ancestor shall not become an organization similar to a clans. However, if the above organization is formed as a social organization and engages in its own activities while owning and managing its own properties, it cannot deny the substance of the organization. Thus, it is recognized as an unincorporated association with its own meaning as an unincorporated association with its own ability to have legal capacity (see, e.g., Supreme Court Decision 92Da15048 delivered on September 22, 1992). A clan or a similar organization of a clan shall be a party.