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1. The plaintiff (Counterclaim defendant)'s principal lawsuit shall be dismissed.
2. The costs of lawsuit are assessed against the Plaintiff (Counterclaim Defendant) by aggregating the principal lawsuit and counterclaim.
Reasons
A principal lawsuit and a counterclaim shall be deemed to be combined.
1. Basic facts
A. The clan members of the plaintiff clan are "D" and "E" shown in the name of the plaintiff clan are five years of age according to the clan, according to the clan, "F clan" is the so-called clan, "G" is the so-called clan, and the plaintiff clan is the clan whose members are 18 years of age from the Si clan are the members of the common ancestor, and the present clan is still alive for 27-29 years of age.
B. However, on October 27, 2017, the full certificate of registration of each land of this case, the name of the plaintiff's clan is different from that of the plaintiff's clan, and the name of the registered titleholder was changed to the plaintiff's clan on October 27, 2017 while the lawsuit of this case is pending.
C. On February 11, 2017, with the consent of 13 members present, the Plaintiff’s clan decided to appoint C as its representative and file the instant lawsuit with the consent of 11 members present at the clan. On November 19, 2018, the Plaintiff passed a resolution of ratification of the resolution of the general meeting of the said clan on November 19, 2018, which is pending in the instant trial with the consent of 11 members present at the clan.
[Ground of recognition] Facts without dispute, Gap evidence 1, 4, 9, Eul evidence 10 (including paper numbers; hereinafter the same shall apply), Gap evidence 1, 1, 10
2. Determination on the main claim
A. The summary of the argument 1 on the ground that the resolution of the plaintiff's clan to appoint the representative and to raise the lawsuit of this case without convening a notice to other members of the defendant et al. is invalid as a resolution of the general meeting that violated the convening procedure. Thus, the lawsuit of this case is unlawful [this case's lawsuit is unlawful (it is unique meaning that the plaintiff's clan was organized from 1930, while the plaintiff's clan as members of the descendants who jointly set up "G," "G," and was organized and operated from 1930, and it is an organized and operated by the plaintiff clan around 190, by systematically performing its activities similar to the representative (H, I, J, K, and L) by establishing the rules in around 190.