2. The costs of lawsuit shall be borne by the Plaintiff.

The plaintiff is a small Class A, which is based on the D page in Tong Young-si.

The Defendant, in collusion with the Plaintiff’s former representative E, etc., concluded a sales contract for the instant land, and completed the registration of ownership transfer as the receipt of No. 35385 on December 3, 2015, and the said sales contract is null and void without a resolution of the general meeting. As such, the Defendant is obligated to implement the procedure for the cancellation of ownership transfer registration

The defendant's defense regarding the previous defense of the merit is the FC's clan. However, in light of the contents of the literature submitted by the plaintiff, the plaintiff is not a clan but a clan similar organization.

However, even if the plaintiff is a clan similar organization, the organization or members cannot be determined properly.

Therefore, the plaintiff does not have the ability to be a party.

In addition, the instant lawsuit is unlawful since it was filed by a person without the power of representation without the resolution of the general meeting.

Judgment

A clan is a naturally created family organization formed by the descendants of a common ancestor for the purpose of protecting the graves of the ancestor and promoting friendship among their descendants, and is established by their descendants at the same time as the death of the ancestor (see Supreme Court Decision 91Da42081, Jul. 24, 1992). The descendants who share the same family with the common ancestor and the same family clan shall naturally become a member of the clan when they have attained majority without distinction of gender (see Supreme Court en banc Decision 2002Da1178, Jul. 21, 2005). The unique meaning of a clan is naturally deprived of the qualification of a member of the clan.

No member of a clan shall withdraw from the clan.

Therefore, an organization consisting only of some members of a clan residing in a specific area is merely a similar organization and cannot be a clan of its unique meaning.

(see Supreme Court Decision 2011Da61349, Nov. 24, 2011). Evidence submitted by the Plaintiff alone is an inherent meaning of clans.