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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff’s summary of the instant lawsuit is a clan set up in QC R, and around May 31, 1918, the Plaintiff trusted each of the instant real estate to S, who is a family member of the same clan. The status of S, as a title trustee, was ultimately inherited to the Defendants in proportion to their respective shares specified in attached Table 2.
The Plaintiff, as a title truster, may terminate a title trust and obtain a transfer of ownership registration at any time. As such, the Plaintiff seeks the Defendants to implement the procedures for the transfer of ownership based on the termination of the title trust.
2. The Defendants did not have the substance of clans as to the legitimacy of the instant lawsuit.
or T has a prior defense to the merits that there is no authority to represent the plaintiff.
(See each reply submitted by the Defendant’s legal representative on December 31, 2018 and May 2, 2019). However, as long as the instant lawsuit is unlawful in relation to the matters examined ex officio by the court, it should not separately examine the defense prior to the instant case.
Unless there exist special circumstances, such as otherwise stipulated in the articles of incorporation, in filing a lawsuit concerning property jointly owned by a non-corporate group, it shall undergo a resolution of a general members' meeting. A lawsuit filed by a non-corporate group in its name without a resolution of such general members' meeting is deemed unlawful as it lacks the requirements for litigation (see, e.g., Supreme Court Decisions 94Da28437, Oct. 25, 1994; 2006Da64573, Jul. 26, 2007; 2010Da97044, Jul. 28, 201). Thus, it is deemed that the Plaintiff, ex officio, filed the lawsuit of this case following a resolution of the general members' meeting of clans.
The plaintiff submitted Gap evidence No. 4 and Gap evidence No. 10 (mail delivery details) to support the fact that there was a resolution of the clan general meeting for filing a lawsuit.
However, the following facts are acknowledged in addition to the purport of each of the above evidences.