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1. The instant lawsuit shall be dismissed.
2. The costs of the lawsuit shall be borne by C.
Reasons
1. The plaintiff's final and conclusive plaintiff asserted that the clan was a clan with the unique meaning of D 19 years old E, and filed the lawsuit in this case, but changed the joint ancestor to D 15 years old, by the amendment on December 1, 2014.
However, in a lawsuit in which a clan is a party, changing the common ancestor of a clan and causing the change of its members is not permitted because it constitutes a change of the parties at will (see, e.g., Supreme Court Decision 98Da50722, Apr. 13, 1999). Since it is evident that there is a change in the members of the family (No. 19 and No. 32) that the plaintiff submitted before and after the change of the common ancestor as above, it is obvious that there is a change in the members of the family (No. 19 and No. 32). Thus, the above change of the parties cannot be permitted, and
2. Determination as to the eligibility of the plaintiff is a clan of the unique meaning of which the plaintiff of this case is D 19 years old E as a joint ancestor. The meaning of this case is as seen earlier.
However, as to the existence of the plaintiff's substance as a clan, the plaintiff's representative has legitimate power of representation, and on October 5, 2013, the plaintiff submitted the evidence Nos. 1 and 2 (the clans and the general meeting minutes) to the effect that 34 of the plaintiff's 60 members attended the general meeting to amend the articles of association and appointed C as the chairperson by holding the general meeting. However, the records can be revealed as follows: ① even according to the minutes of the above clans meeting, 34 of the 60 members among the 60 members of the clans are present, and it cannot be known at all whether the 60 members of the clans are the chairperson and directors, and only the name and seal of C, G, and H3 members elected, and ② The articles of association approved by the plaintiff in the above general meeting is different from the plaintiff and the entity.