1. The instant lawsuit shall be dismissed.

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

1. The plaintiff's argument H's view is I, and the plaintiff is a clan of its unique meaning consisting of descendants who are 23 years old descendants of I who are 23 years old descendants of I.

On March 3, 1964, the Plaintiff purchased the instant shares and thereafter held the title trust of the Plaintiff’s clan K. On June 24, 201, the Defendants, who were his children, succeeded to the status of K’s title trustee.

The Plaintiff terminated the above title trust agreement on the date of final delivery of the duplicate of the instant complaint. As such, the Defendants are obliged to implement the procedure for ownership transfer registration on the instant shares due to the termination of title trust, as stated in the purport of the claim.

2. Whether the lawsuit of this case is lawful

A. First, we examine the legality of the instant lawsuit prior to the merits.

B. The issue of party capacity is a matter of ex officio investigation by the court, and the court must ex officio investigate the facts that are the premise of the party capacity judgment without the need to detain the party's assertion. However, in determining the party capacity based on such fact, 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, it is sufficient that the party's ability to sue is satisfied. If it is not so, it is sufficient that the lawsuit is dismissed as it is unlawful, and it is sufficient to recognize the party capacity by recognizing the substance of an organization entirely different from the party's assertion, and it is not permissible as a result of changing the party's assertion.

(see, e.g., Supreme Court Decision 2002Da4863, May 10, 2002). In addition, it is not permissible for a clan to join a different organization and an unincorporated association that has no capacity to exercise rights similar to a clan, to assert it as an electronic or a subsequent organization, to bring about the ancillary change of the parties.