A. C, D, and E are one-third shares in accordance with the Act on Special Measures for Restoration, Registration, Preservation, etc. of Unclaimed Land (Act No. 3627, repealed, hereinafter “Special Assistance Act”). As to the real estate listed in No. 1 in the attached Table No. 5421 on December 26, 1984, the Chuncheon District Court Yangyang District Court completed the registration of ownership transfer as to the real estate listed in the attached Table No. 2 No. 3086 on August 28, 1984 by the same registry office, respectively.

B. The Defendant completed the registration of ownership transfer on April 21, 2015, No. 3434, which was received on April 21, 2015, with respect to one-third share (hereinafter “instant share”) of the respective real estate listed in the separate sheet (hereinafter “each of the instant real estate”), as to the ownership transfer on September 23, 2014 due to the inheritance by consultation and division (hereinafter “instant registration of ownership transfer”).

【Ground for Recognition: Unsatisfy, Gap evidence 1-1-2, each entry, the purport of the whole pleadings】

2. Determination on the defense prior to the merits

A. As to the claim for the registration of ownership transfer filed against the Defendant, who comprehensively succeeded to C’s share by asserting that the Plaintiff had title trust of each of the instant real estate to C, D, and E, the Defendant asserts that the instant lawsuit is unlawful, since the Plaintiff did not have any substance of the Plaintiff and E is not the representative of the Plaintiff.

B. The unique clan of the deceased does not require a special organization as a naturally occurring family member for the purpose of protecting the graves of the common ancestor and promoting friendship among the members of the clan (see, e.g., Supreme Court Decision 91Da1172, Feb. 14, 1992); and the clan general meeting established the scope of the clan members subject to notification for the establishment of the clan, unless there are special circumstances, such as the error in the entry of the clan members on the clan members, and made every effort to secure the location of the clan members.