1. The plaintiff's claims against the defendants are all dismissed.

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

1. Facts of recognition;

A. The registration of ownership transfer was completed on October 28, 1938 with respect to the instant real estate.

B. S died on July 19, 1979, and the Defendants are the inheritors of S.

【Ground of recognition】 Any description of the absence of dispute, Gap 3 and 5 certificates (including virtual numbers)

2. The gist of the Plaintiff’s assertion was that the Plaintiff trusted the instant real estate owned by the Plaintiff to the deceased S, and that the Defendants, the heir of the deceased S, notified the Defendants of the termination of title trust, so the Defendants are obliged to implement the procedure for the registration of ownership transfer of the instant real estate to the Plaintiff.

3. Determination on the defense prior to the merits

A. The gist of the Defendants’ assertion is that the Plaintiff did not have any substance, and even if there exists an entity, the instant lawsuit is unlawful on the grounds that the Plaintiff did not have any inherent meaning as an unincorporated association consisting of descendants who were residing in the vicinity of the Changwon Man-si, Changwon-si, or residing in the above V, and that it did not have any resolution through a legitimate notice of convening a general assembly.

B. (1) The plaintiff's ability to be a party is a naturally created organization formed by descendants of the common ancestor for the purpose of protecting the graves of the clan, protecting the descendants of the clan, promoting friendship among their descendants, and is established by their descendants at the same time as the death of the clan, and if the clan has been engaged in continuous activities with an organization to the extent represented by the representative elected in accordance with the rules or customs of the clan, the organization as a non-corporate group is recognized, and the issue of whether the clan has the ability to be a party as a non-corporate group is related to the litigation requirements and shall be determined at the time of the closing of arguments in the fact-finding court.

(see, e.g., Supreme Court Decision 2009Da95387, Mar. 25, 2010). In addition, since matters concerning whether a clan or a similar organization of a clan has the ability to be a party is an ex officio investigation by the court, the court is responsible for determining its party capacity.