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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the plaintiff (appointed party).
Reasons
1. Basic facts
A. The appointed clan D (hereinafter referred to as the "appointed clan") is a clan comprised of descendants of the E.S.
B. Defendant B is the former president (seven members) of his clan, and Defendant C is the former president of his clan.
The founder F is the current chairperson (8 members), the founder G is the vice-chairperson of the selected clan, the plaintiff and the founder H are the auditors of the selected clan, and the founder I is the general duties of the selected clan.
[Ground of recognition] Facts without dispute, entry Eul's evidence No. 1, purport of the whole pleadings
2. Whether the lawsuit of this case is lawful
A. In order to conceal the embezzlement of the appointed clan's property at the time the plaintiff's assertion was made by the chairperson or the general duties of the appointed clan, the plaintiff and the appointed members of the selected clan refuse to return each of the documents listed in the attached list of the selected clans (hereinafter "the documents of this case").
In order to grasp the property status of the selected clans as officers or members of the defendant clan and to monitor the management status of the appointed officers of the clans, the designated members of the plaintiff and the remaining designated members of the plaintiff may make a request for the delivery of the documents of this case, such as the account books of the selected members of the clan. Thus, the defendants are obligated to deliver the documents of this case to the plaintiff and the selected members, and to pay the money calculated at the rate of KRW 200,000 per indirect compulsory payment from the day following the delivery of a copy of the complaint of this case until the delivery of the documents of this case.
B. The documents of this case, other than the plaintiff 1 and the designated clan, are judged to be lawful, shall belong to the collective ownership of the members of the clan with the property owned by the appointed clan, and the lawsuit of this case, claiming the delivery of the documents of this case and the payment of compulsory payment, shall be managed in the collective ownership of the members of the clan of the designated clan.