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

Purport of claim and appeal

The first instance court.

가. 원고는 원고의 대표자인 C의 조부인 F[1930(昭和 5년). 2. 5. 사망]을 공동선조로 하여 선조의 분묘수호와 제사봉행, 종중원 상호 간의 친목 도모 등을 목적으로 그 후손들 사이에 구성된 종중이고, 피고는 F의 셋째아들 I의 손자로 입양된 E의 아내이다.

B. The instant forest land: (a) on June 7, 1918, is unregistered land that was registered as the fact that K was located in the Ulsan-gunJ on June 7, 1918 in the forest land register; (b) however, on April 21, 1995, the Defendant’s husband, E (the death of September 15, 2006) completed the registration of ownership transfer under one’s own name in accordance with the former Act on Special Measures for the Registration, etc. of Real Estate Ownership (Act No. 4502, Nov. 30, 1992; hereinafter “Special Measures Act”).

C. After that, on December 20, 2006, the registration of ownership transfer was completed on September 15, 2006 under the name of the defendant with respect to the forest of this case on the grounds of inheritance by consultation and division.

【Fact-finding without a dispute over the basis of recognition】 The evidence Nos. 1, 2-3, 13, 14-1, 2, 18, 3 and 6, and the purport of the whole pleadings

2. We examine, ex officio, whether the instant lawsuit is lawful or not, ex officio, as to the determination on the legitimacy of the instant lawsuit.

Even if the resolution of the general meeting of a clan which cannot be recognized as effective due to its defect in the convening procedure, it shall be valid from the beginning if ratification is made by the general meeting of a clan which is lawfully convened after the resolution (see, e.g., Supreme Court Decision 94Da53563, Jun. 16, 195). If the whole purport of the argument is added to the evidence No. 12 and No. 18 from No. 9, No. 18, the plaintiff clan opened the general meeting of the clan on Jun. 1, 2014 to appoint C as its representative and file the lawsuit of this case, the above clan general meeting of the clan was held without giving notice to H, and the plaintiff shall notify all members of the clan including H of convening the general meeting of March 1, 2015.