1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit shall be borne by C (D).

1. Determination as to the legitimacy of the instant lawsuit

A. On December 21, 2014, the Defendant received KRW 30 million from the Plaintiff’s clan without legal title. Therefore, the Defendant ought to return 28,843,300 (=30 million - 156,700 won), which is the remainder after offsetting the Defendant’s obligation to pay litigation costs that the Plaintiff clan ought to pay to the Defendant, as unjust enrichment.

B. 1) The issue is whether C is entitled to represent the Plaintiff’s clan once it comes to an unlawful defense that the instant lawsuit filed under the name of the Plaintiff’s clan was unlawful. As such, in relation to the legitimacy of the instant lawsuit, the issue is whether C is entitled to represent the Plaintiff’s clan. Whether the non-corporate group has legitimate power of representation is an issue pertaining to the litigation requirements and is also an ex officio examination by the court (see, e.g., Supreme Court Decision 2010Da9704, Jul. 28, 201). (2) Meanwhile, in order for non-corporate group to file a lawsuit on jointly owned property, the lawsuit filed under the name of the non-corporate group is deemed to have failed to meet the litigation requirements, and it constitutes an ex officio examination by the court (see, e.g., Supreme Court Decisions 94Da28437, Oct. 25, 194; 2006Da47816, Jul. 26, 2007). 207

The fact that the 42 members of the clan were elected as representatives of C during the attendance of 42 members of the clan, and C around April 10, 2016.