1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Determination as to the legitimacy of the instant lawsuit

A. We examine ex officio the lawfulness of the instant lawsuit.

B. As the Plaintiff’s transfer registration of ownership in the name of D on March 5, 2012 and the transfer registration of ownership in the name of the Defendant on the basis thereof, which was transferred without a resolution of a valid general meeting of the Plaintiff as to the instant land, which is the Plaintiff’s property, are null and void, the Defendant asserts that the Plaintiff is liable to implement the procedure for the transfer registration of ownership based on the restoration of the authentic name as to the instant land.

On the other hand, on January 6, 2013, the Plaintiff held a general meeting of shareholders in 2012 with the presence of F, a vice-chairperson, in order to elect E as the president, and filed the instant lawsuit after the resolution of D’s unfair act in relation to the instant land, which is the Plaintiff’s collective ownership property.

C. Unless there are special circumstances, such as otherwise stipulated in the articles of incorporation, etc., a lawsuit concerning property jointly owned by a non-corporate association shall undergo a resolution of a general meeting. Thus, a lawsuit filed by a non-corporate association under its name without a resolution of such general meeting of members is unlawful as it lacks the requirements for the lawsuit.

(Supreme Court Decision 94Da28437 Decided October 25, 1994; Supreme Court Decision 2006Da64573 Decided July 26, 2007; Supreme Court Decision 2010Da9704 Decided July 28, 201, etc.) D.

However, according to Article 7, 8, and 10 of the Plaintiff’s Rules (hereinafter “Plaintiff Rules”), which was sent by the head of Si/Gun on June 3, 2014, the Plaintiff’s inherent meaning of clans, similar to a clans, or non-legal entities, is apparent even according to the Plaintiff’s assertion, and it is clear that the Plaintiff is the Plaintiff’s own clans or non-legal entities. According to Articles 7, 8, and 10 of the Plaintiff’s Rules, the vice-president acts for the president when he is vacant (if the resolution appears to be clerically written, the resolution shall be deemed to be clerically written), the president shall act for the president, and the general meeting shall pass a resolution above the majority of the members present at the regular meeting and above the majority of the participants.