1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

1. Determination on the legitimacy of a lawsuit

A. The gist of the parties’ assertion is that the Plaintiff filed a lawsuit in this case against the Defendants, the heir of the above T, on the ground that the title trust of 1/2 shares out of 54,942 square meters of AC Forest land AC-gun, Gyeonggi-gun, Gyeonggi-do, which is its ownership (hereinafter “instant real estate”) was completed, and the registration of ownership preservation was completed pursuant to the Act on Special Measures for the Registration, etc. of Forest Ownership Transfer in the future in T, the registration of ownership transfer on the grounds of termination of title trust with respect to each inheritance shares listed in the separate inheritance shares among the instant real estate. The Plaintiff resolved to approve the filing of the lawsuit in this case at the clan General Assembly held on October 29, 201, which was prior to the filing of the lawsuit in this case, and the resolution was lawful since the resolution was adopted on May 5, 2013 and August 25, 2013 at each extraordinary general meeting held on November 24, 2013.

On this issue, Defendant B, etc. asserts that the lawsuit of this case is unlawful because it was brought without the resolution of the legitimate clan general meeting.

B. A lawsuit concerning the property jointly owned by a non-corporate body shall be filed under the name of the non-corporate body in the form of an essential co-litigation, or all its members shall become the parties thereto, and a lawsuit brought by a non-corporate body without a resolution of a general members' meeting shall be unlawful by holding special acceptance right as to filing a lawsuit (see, e.g., Supreme Court Decision 2006Da64573, Jul. 26, 2007). A clan, an unincorporated association, as a non-corporate body, shall undergo a resolution of the clan general meeting, unless there are special circumstances.

In addition, according to the clan rules or clan practices, it is common customs to make a resolution with the consent of a majority of the members present at the general meeting lawfully convened, and Supreme Court Decision 2013Da24382 Decided November 27, 2014.