1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On June 12, 1985, the Plaintiff completed the registration procedure for transfer of shares on the ground of sale as of March 5, 1972, with respect to the share of 81819/16158 square meters of D forest 25936 square meters of land (hereinafter “instant land”). On the same day, D forest 25936 square meters of land (hereinafter “instant land”), and on the share of 7939/16158 square meters of land in the instant case on the same day.

B. Defendant B completed the transfer registration procedure for share transfer on the ground of sale as of March 21, 2011, the receipt of No. 6514, 6514, with respect to the share of 81819/16158 and the share of 7939/16158 among the instant land.

C. As to the instant land, Defendant C completed the registration procedure for transfer of ownership based on sale as of May 31, 201 at the same court No. 13170, May 27, 2011.

[Ground of recognition] A without dispute, entry of Gap evidence 5, purport of whole pleadings

2. The Plaintiff’s assertion is merely a fact that the Plaintiff’s clan members affixed their seals to the list of the present members, and there was no fact that Defendant B sold shares of 81819/16158 out of the instant land, as it was necessary for the Plaintiff to receive compensation for confinement from Kimcheon-si G and H.

Therefore, the registration of the transfer of shares in Defendant B with respect to the 81819/16158 shares out of the land in this case is null and void, and the registration of the transfer of shares in Defendant C, which is based on this, is also null and void, and thus,

3. In order for a clan which is not a non-corporate body to file a lawsuit under its name, the resolution of the general meeting shall be required, and the lawsuit brought by the representative of a clan in the name of the clan without a resolution of the general meeting shall be unlawful by holding special authorization for filing a lawsuit (see, e.g., Supreme Court Decision 2006Da64573, Jul. 26, 2007). In the preservation of collective property, the provisions of Article 265 of the Civil Act concerning the preservation of collective property shall not apply. Unless there are special circumstances, the provisions of Article 276(1) of the Civil Act concerning the preservation of collective property shall not apply. Thus, a clan which is an unincorporated association shall jointly owned by it.