1. The plaintiff's lawsuit against the defendants is dismissed.

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

1. The plaintiff asserted that the plaintiff trusted the name of each real estate indicated in the separate sheet, which is a clan property, to the son and the representative F.

F around 203, around 2003 confirmed that the Plaintiff will transfer his name to the Plaintiff, and issued a testamentary certificate. The Defendants, F’ heir, died on June 30, 2013, did not transfer the name of each real estate listed in the separate sheet to the Plaintiff and completed inheritance registration by agreement division.

Therefore, the Defendants are obligated to implement the registration procedure for cancellation of ownership transfer registration completed in the name of the Defendants with respect to each real estate listed in the separate sheet.

2. Determination as to the defendants' main defense

A. Although the lawsuit of this case was filed by the Defendants’ representative of the Plaintiff, G did not have any evidence to view that the representative of the Plaintiff clan was legally elected, and the Plaintiff clan did not have passed a resolution on the lawsuit of this case.

An extraordinary general meeting held by the Plaintiff shall not be deemed a valid resolution due to the problem of the person holding the convening authority, the procedure for notifying the convocation of a meeting.

Therefore, the instant lawsuit is unlawful.

B. In order for a non-corporate clan to file a lawsuit under its name, the resolution of the general meeting is required. A lawsuit brought by the representative of a clan in the name of a clan without the resolution of the general meeting is unlawful by exercising the special right to file a lawsuit (see, e.g., Supreme Court Decision 2006Da64573, Jul. 26, 2007). The provisions of Article 265 of the Civil Act concerning the preservation of collective property cannot be applied to the preservation of collective property, and unless there are special circumstances, the resolution of the general meeting of the clan pursuant to Article 276 (1) of the Civil Act shall be passed, so even where a clan, which is not a juristic person, files a lawsuit as an act of preserving collective property, barring special circumstances.

(See Supreme Court Decision 2007Da17062 Decided December 27, 2007, see Supreme Court Decision 2007Da17062, and a clan.