소유권이전등기
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Whether the lawsuit of this case is legitimate or not is a clan that is composed of FF 23 years of age, G, and one-half of each of the real estate listed in the attached list (hereinafter “instant real estate”) among the real estate indicated in the attached list, the Plaintiff seeks implementation of the procedure for ownership transfer registration against the Defendants, the heir of H, who is a clan, by asserting that he/she has title trust and terminated the title trust with H.
The property owned by the family members of the clan is the collective ownership of the family members of the clan, and the lawsuit concerning the property jointly owned by the non-corporate group can only be filed in the form of an essential co-litigation under the name of the general members' meeting or by the whole members of the non-corporate group, or in the form of an essential co-litigation. The lawsuit filed by the non-corporate group without a resolution of the general members' meeting shall
(see, e.g., Supreme Court Decision 2006Da64573, Jul. 26, 2007). In addition, in holding a clan general meeting, each person shall be given an opportunity to participate in the meeting, discussion, and resolution by the clan meeting held without convening a notice for convening a clan meeting, unless there are special circumstances to the contrary, by determining the scope of the members of the clan who are subject to convening a notification for convening a family meeting, etc., and by individually convening a notification to all the members of the clan who are clearly residing in the Republic of Korea and their whereabouts
(see, e.g., Supreme Court Decision 2009Da83650, Feb. 11, 2010). According to the written evidence Nos. 2, 13, and 29, the Plaintiff held a general meeting of a clan around May 2015 with respect to the election of the representative or the filing of the lawsuit of this case, and passed a resolution to elect I as the representative of the Plaintiff and file the lawsuit of this case on October 4, 2015 with the same agenda to ratification the contents of the previous resolution. On March 20, 2016, the Plaintiff held a general meeting of a clan as the same agenda to ratification the contents of the previous resolution, and elected I as the representative of the Plaintiff and brought the lawsuit of this case.