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1. The plaintiff's lawsuit against the defendants is dismissed in entirety.
2. The litigation costs are D. which represent the Plaintiff’s representative.
Reasons
1. The plaintiff's assertion is a clan created naturally by the Si's creation of AAB.
The defendants completed the registration of transfer of ownership on the real estate of this case owned by the plaintiff, but it was conducted without a legitimate executive meeting or a general resolution of the plaintiff's clan, or it was conducted by E, not a legitimate representative of the plaintiff's clan.
Therefore, the Defendants are obligated to implement the registration procedure for ownership transfer based on the restoration of real name to the Plaintiff, a legitimate owner of the instant real estate.
2. Determination on the defense prior to the merits
A. In light of the fact that the scope of the plaintiff's arguments by the defendants is not determined, that female clans did not call a general assembly, and that they are not convened by legitimate general assembly convening authority, D is elected as the plaintiff's representative, and the resolution of the general assembly resolution by the resolution of the complaint of this case is invalid as a defective resolution. Thus, the lawsuit of this case is unlawful.
B. The issue of party capacity is a matter of ex officio investigation by the court. As such, the court should investigate ex officio the facts that form the premise for the determination of party capacity without being bound by the parties' arguments. However, in determining party capacity based on such facts, if an organization with the elements that define the organization as a social entity such as the objective, organization, and members of the organization is actually existing, the party's ability in the lawsuit is satisfied, and if such an organization exists, it is sufficient to dismiss the lawsuit because it is unlawful, and it is sufficient to recognize the party's ability by recognizing the substance of an organization entirely different from the party's assertion as a result of changing the party's ability.