1. Revocation of a judgment of the first instance;

2. The defendant shall make 1/4. each of the real estate listed in the attached list 1 and 2 to the plaintiff.

1. Judgment on the main defense of this case

A. Defendant’s defense (1) The Plaintiff’s clan specified each real estate listed in the separate sheet (hereinafter referred to as “each real estate of this case”) around 1918, as a clan that did not have been lost at the time of circumstances concerning each real estate listed in the separate sheet (hereinafter referred to as “each real estate of this case”), and has no ability to file the lawsuit of this case because

(2) Even if the ability of the Plaintiff clan to be a party is recognized, the instant lawsuit is unlawful since it was filed without the resolution of the general meeting in effect by a person other than a legitimate

B. (1) Determination of the capacity of the plaintiff clans itself within the relevant legal reasoning is a naturally occurring family organization formed by descendants of the common ancestor for the purpose of the protection of graves and the religious services for the religious services of the ancestor and the friendship between descendants, and even if there is no special organization, it shall be established by the death of the ancestor at the same time as the descendants of the common ancestor.

However, if a non-corporate body has the ability to be a party in civil procedure, it must have organization to a certain extent and be a representative (Article 52 of the Civil Procedure Act). Thus, even a clan with an unique meaning established naturally, it shall be recognized as a party ability to satisfy the requirements of a non-corporate body. This is related to the requirements for litigation and shall be determined at the time of the conclusion of arguments in fact-finding proceedings.

In addition, whether a clan naturally formed has an organic organization to the extent that it can be held in title trust by acquiring rights to real estate, etc. at a specific point of time, and whether the clans have an organic organization to the extent that they can be held in title trust is separate from the ability of the parties to the clan as a matter of the principal case

(See Supreme Court Decision 2009Da95387 Decided March 25, 2010, and Supreme Court Decision 201Da64607 Decided January 10, 2013). Meanwhile, a clan is the protection and removal of graves of a common vessel.