1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The plaintiff is a clan consisting of eight branch members, such as D branch members under its jurisdiction, and the defendants are the members of the plaintiff clan.

B. On March 17, 2018, the Plaintiff clan held a general meeting (hereinafter “instant general meeting”) and elected the E branch members as Speaker pro tempore from among eight branch members, and the F, the Speaker pro tempore, appointed seven screening members of the remaining seven branch members (one member for each branch).

C. The F and six screening members (one person in absence) elected the officers of the Plaintiff clan by selecting G from the same place as the president.

(hereinafter referred to as “the instant resolution for the election of officers”). / [Grounds for recognition] The fact that there is no dispute, entry of Gap evidence No. 1 (including paper numbers), the purport of the entire pleadings.

2. The parties' assertion

A. The Defendants were dismissed from office as the officers of the Plaintiff clan upon the end of their term at the instant assembly. Thus, the Defendants are jointly and severally obligated to pay the carried-over amount of KRW 306,348,323 (=168,329,373, which the Defendants received and kept by the Plaintiff clans (i.e., monthly ordinary deposits of KRW 168,329,373, and the total amount of monthly rents of KRW 138,018,950) and damages for delay.

B. Defendants 1) The instant lawsuit is unlawful as it was filed without the resolution of the Plaintiff clan’s general meeting. 2) The instant resolution for the election of the executives of the instant case is null and void because it was a defect in the election of the executives in a manner contrary to the articles of incorporation without a legitimate notification for convening a notice, and the instant lawsuit filed by G as the representative of the Plaintiff clan was unlawful, since new executives were elected on October 21,

3. Judgment on the main defense of this case

(a) A lawsuit concerning collective property can only be filed in the form of an indispensable co-litigation under the name of the non-corporate group or by a resolution of the general meeting of members, or by all its members as a party to the lawsuit, and the lawsuit brought by a non-corporate group without a resolution of the general meeting of members is unlawful by putting special acceptance right to the lawsuit in question

Supreme Court Decision 2007.