1.The judgment of the first instance shall be modified as follows:

The counterclaim shall be dismissed.

(b).

1. Basic facts

A. The Plaintiff and the counterclaim Defendant shared 22,052 square meters of K forest in Gyeyang-gu, Seoyang-gu (hereinafter “instant land”). However, on May 8, 2015, the Plaintiff owned the instant land solely due to the partition of co-owned property.

B. Defendant Jin-dong Association (hereinafter “Defendant clan”) is the owner of 2,149 square meters and 5,187 square meters of Mayang-gu L prior to the instant land in Gyeyang-gu, Seoyang-gu, Seoyang-gu (hereinafter “instant adjacent land”). Defendant I was in lease and use of the instant adjacent land from Defendant clan since January 20, 1995.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 5, Eul evidence 4 (including additional number), the purport of whole pleadings

2. The defendants asserts that the plaintiff's claim of the principal lawsuit constitutes the act of preserving the clan's properties, and it is unlawful since it was filed without going through the resolution of the general meeting of clans.

The provisions of Article 265 of the Civil Act concerning the preservation of property jointly owned cannot be applied to the preservation of property jointly owned. Barring special circumstances, a resolution of a general meeting of members pursuant to Article 276(1) of the Civil Act is required to pass a resolution, barring special circumstances, where a clan, an association which is not a juristic person, files a lawsuit as an act of preserving property jointly owned by it (see, e.g., Supreme Court Decision 2009Da83650, Feb. 11, 2010). According to the records of this case, a resolution was passed on July 8, 2013 by appointing N as the representative of the plaintiff at the general meeting of the plaintiff, and it is recognized that N, on August 23, 2015, passed a resolution to the effect that it ratified the principal lawsuit of this case for the preservation of property owned by the plaintiff at the general meeting of the plaintiff held at the general meeting of members. Accordingly, the aforementioned defense by the defendants was not reasonable.

3. Request for counterclaim by the defendant clan.