1. The instant lawsuit shall be dismissed.

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

1. The plaintiff's assertion

A. The plaintiff is a clan with a unique meaning that consists of adult male and female grouping C as a joint ancestor.

On May 8, 1981, the Plaintiff trusted 15,087 square meters of D forest 15,087 square meters of Changwon-si's window, ② E forest 192 square meters (divisiond in the above mountain D on October 25, 1996), ③ the land of the said three lots (hereinafter referred to as the "instant real estate"), ④ Gbu 384 square meters (divisiond in F on November 8, 1993), ⑤ H 696 square meters (divisiond in F on November 8, 1993, with the entire land of the above five parcels, and registered the ownership transfer of the said five parcels to a clan. After I's death, the ownership transfer registration was completed on November 8, 1993.

B. The Plaintiff terminated the title trust by serving the duplicate of the instant complaint. As such, the Defendant is obligated to implement the registration procedure for ownership transfer based on the termination of the said title trust with respect to the instant real estate.

C. The Defendant, who was entrusted with the name of the Defendant, sold H 696 square meters of the window H 696 square meters to J and used the price at his discretion. The Defendant obtained a loan that established the right to collateral security with respect to the amount of 4824 square meters prior to F and embezzled by using the loan at his discretion, and thus, sought payment of KRW 10 million out of the tort damages.

2. Determination on the legitimacy of a lawsuit

A. The defendant's assertion is not a clan's own meaning, but a clan similar organization, and the provisional clan assembly held for the filing of the case is unlawful since it was done without legitimate procedures for convening a clan.

B. In filing a lawsuit concerning property jointly owned by a non-corporate body, barring special circumstances where the articles of incorporation provide otherwise, the resolution of a general meeting of employees shall be passed. Thus, a lawsuit filed by a non-corporate body in its name without the resolution of the general meeting of employees is unlawful as it lacks the requirements for the lawsuit.

(See Supreme Court Decision 2010Da97044 Decided July 28, 201). An association which is not a legal entity is an association.