1. The instant lawsuit shall be dismissed.

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

1. The plaintiff asserted that D (E birth, death on February 22, 1942) is the true owner of the real estate of this case as a clan that made D (E birth, death on February 22, 194) joint ancestor, and thus, the plaintiff seeks against the defendant for the procedure of ownership transfer registration based on the confirmation of ownership and the restoration of real

2. Determination on the legitimacy of the instant lawsuit

A. 1) A unique meaning of a clan is a naturally created clan group composed of members with the purpose of protecting the graves of a common ancestor, promoting friendship among its members, etc. In light of this purpose and essence, it is reasonable to view that descendants who share the same clan with a common ancestor as a member naturally become its members when they reach majority without distinction of gender (see, e.g., Supreme Court Decision 2007Da34982, Sept. 6, 2007). A clan within its unique meaning is naturally established upon the death of the same clan and its own descendants, and it is not limited to the number of descendants and members of a specific clan among descendants, and it is not possible to have a clan composed solely of residents and members within a specific area or within a specific scope (see, e.g., Supreme Court Decisions 96Da20567, Aug. 23, 1996; 92Da34982, May 27, 1993).