1. The instant lawsuit shall be dismissed.

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

1. The provisions of Article 265 of the Civil Act concerning the preservation of collective property cannot be applied to the preservation of collective property to determine the legitimacy of the lawsuit of this case. Barring any special circumstance, the resolution of a general meeting of members pursuant to Article 276(1) of the Civil Act shall be passed. Thus, even where a clan, which is not a juristic person, files a lawsuit as an act of preserving collective property, it shall undergo a resolution of the general meeting of clan

In addition, if the members of a clan regularly gather at a certain place on a fixed date each year in accordance with the rules or practices of the clan and are to handle the religious affairs of the clan, it is not necessary to convene the general meeting of the clan, but in convening the general meeting of the clan separately except in such cases, each person shall be given an opportunity to participate in the discussions and resolutions of the meeting by convening convening a notification to all the notified adult members from among the members of the clan, unless there is a special rules or practices of the clan, and the resolution of the general meeting of the clan held without such convening a notification shall be deemed invalid.

In this case, it is difficult to recognize that a notice of convening a family assembly was duly issued to the plaintiff's members at the time of the clan general meeting where the resolution for the institution of the lawsuit of this case was adopted only with respect to the legitimacy of the lawsuit of this case asserted and brought by the plaintiff as stated in the grounds for filing the lawsuit of this case, and there is no other evidence to acknowledge this otherwise, the above resolution shall be null and void. Thus, the lawsuit of this case shall be brought without

[In addition, there is no direct evidence that E is the legitimate representative of the plaintiff, and the lawsuit of this case is eventually filed in the resolution submitted by the plaintiff (No. 8-2 of the evidence No.1 of this case).