(명의신탁해지로인한)소유권이전등기
1. The instant lawsuit shall be dismissed.
2. The costs of the lawsuit are assessed against D who is represented by the plaintiff.
1. The plaintiff's argument that the plaintiff's clan is the descendants of Si Cho E, and the clan consisting of descendants of G, who are 18 years of age from Jung-si F, and each land listed in the separate sheet was title trusted to H, Ha, who is a senior father of the defendants, I, etc.
Plaintiff
A clan holds an annual general meeting, and elected D as its representative at an ordinary general meeting, and passed a resolution for the institution of this case.
2. Judgment on the main defense of this case
A. The instant lawsuit by the Defendants is unlawful as it was brought by a person without the power of representation or brought without the resolution of filing a lawsuit.
B. Determination 1) The representative of a clan shall be elected according to the rules or special practices of the clan, and if not, he/she shall be elected by a majority of the present members at the general meeting convened and held by the head of the clan according to general customs (see, e.g., Supreme Court Decision 2010Da44613, Sept. 30, 2010). The provision of Article 265 of the Civil Act concerning the preservation of collective ownership is not applicable to the preservation of collective ownership, and unless there are special circumstances, it shall undergo a resolution of the general meeting of the clan (see, e.g., Supreme Court Decision 207Da17062, Dec. 27, 2007; 207Da1701161, Apr. 1, 2017).