The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

1. We examine ex officio the legitimacy of the instant lawsuit.

The lawsuit on property collectively owned can be conducted in the form of indispensable co-litigation by an unincorporated association under its name or by all its members as a party. The lawsuit brought by an unincorporated association without a resolution of a general members' meeting shall be governed by the law by holding special authorization as to the lawsuit. In the natural village of an unincorporated association, the decision-making of the association shall generally be made by the method of the resolution at the association unless there are rules or customs as to the lawsuit, and the attendance of a majority of the representatives and attendance of the households constituting the village at the time of the resolution at the general meeting shall be made (Supreme Court Decisions 90Da25765 delivered on July 26, 1991; 2006Da64573 delivered on July 26, 2007). In addition, the majority of the total number of households present at the general meeting of the plaintiff 30Da573 delivered on July 26, 2007 shall be subject to the burden of proof, and in light of the legal principles as to the removal of the plaintiff 1's village.

Therefore, the lawsuit of this case at the village meeting of the plaintiff is deemed to have been brought without a resolution of the general meeting of members by the non-corporate association, and it is dismissed. It is so decided as per Disposition.

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