1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are assessed against C who is represented by the plaintiff.

The main point of the plaintiff's claim is that the plaintiff is the descendants of the 19-year-old descendants who jointly set up the EC 19-year-old descendants, and the plaintiff's clan was formed centered on the descendants of 18-year-old G, H and I, who are the siblings of F, who have no descendants, and the 22-year-old descendants who are the representative of the plaintiff, are the descendants of H.

D 2593 square meters (hereinafter “instant land”) are owned by the Plaintiff. Since the Defendant occupied the instant land without permission, the Defendant is obligated to deliver the instant land to the Plaintiff.

A clan within its unique meaning of the relevant legal principles on the determination of the defense of this safety is a naturally occurring family organization formed by descendants of a common vessel for the purpose of protecting the graves of that vessel and promoting friendship among descendants, and is established by the death of that vessel at the same time as the death of that vessel, even if there is no special organization.

However, if a non-corporate body has the ability to be a party in civil procedure, it must have organization to a certain extent and be a representative (Article 52 of the Civil Procedure Act). Thus, even a clan with a unique meaning that is naturally formed, it shall be determined by comprehensively considering the purpose of a clan, the circumstances surrounding its establishment and organization, the scope of and qualifications for its members, the contents of the clan regulations, and other matters, such as the purpose of its establishment and organization, the scope of and qualifications for its members, etc.

(see, e.g., Supreme Court Decisions 2001Da5296, Jun. 28, 2002; 2009Da95387, Mar. 25, 2010; 201Da64607, Jan. 10, 2013; etc.). In addition, barring any special circumstance, such as where a non-corporate group files a lawsuit concerning jointly owned property, it shall undergo a resolution at a general meeting of employees, unless otherwise stipulated in the articles of incorporation. Thus, a lawsuit filed by a non-corporate group under its name without a resolution at such general meeting of employees is lacking in the requirements for litigation.