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1. As to the Plaintiff, with respect to the land of E 11207 square meters in Leecheon-si:
A. Defendant B is the Suwon District Court Leecheon District Court's Richeon Registry on May 3, 2007.
Reasons
1. Basic facts
A. The plaintiff is a clan established for the purpose of the number of graves, religious services, and friendship among clan members with FFC G as a joint group.
B. On July 10, 1960, Suwon District Court had completed the registration of ownership transfer in the name of “A or religious affairs” as the receipt on November 1, 1962 by the Suwon District Court’s Dongcheon Registry on the ground of the sale on July 10, 1960 with respect to E forest land E 11207 square meters (hereinafter “instant land”).
C. Defendant B completed the registration of ownership transfer as of May 3, 2007 by Suwon District Court No. 21876, pursuant to the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 7500, May 26, 2005; hereinafter “Special Measures Act”) for the instant land on September 10, 1980.
Defendant B donated the instant land to Defendant C and Defendant D, who is his children on August 11, 2014, and completed the registration of transfer of ownership of shares to Defendant C as of August 14, 2014, as of August 14, 2014, the Suwon District Court received on August 14, 2014, as of August 34642, 201, and as of August 14, 2014, Defendant C completed the registration of transfer of ownership of shares to Defendant D as of August 34643 of the same day.
E. On October 20, 2017, the Plaintiff’s clan elected H as the president at the ordinary meeting of shareholders on October 20, 2017, and the Plaintiff’s clan reported the instant institution of lawsuit and passed a resolution of ratification thereof.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3, 7, and 8 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination as to the defendants' defense prior to the merits
A. The Defendants asserted that the instant lawsuit is unlawful on the following grounds:
1) The Plaintiff’s clan is not recognized as the entity of the Plaintiff’s clan, and thus, is not capable of being a party.
Plaintiff
Article 11 of the Articles of Incorporation provides that "The general meeting shall have the number of persons attending the meeting on the register, and pass a resolution with the consent of a majority of the persons present," but the above provisions shall also apply where only one participant is present.