1. The instant lawsuit shall be dismissed.

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

1. The plaintiff's assertion

A. The plaintiff is a clan that made the E 31th descendant F as a joint ancestor, and the descendants are the descendants, and the defendants are the children of G already deceased as the plaintiff clan member.

B. Each real estate listed in the separate sheet (hereinafter “each real estate of this case”) is owned by the Plaintiff, and title trust was made to some of the Plaintiff clan members including G.

C. The Plaintiff terminated the title trust on each real estate of this case by serving a duplicate of the complaint of this case.

The Defendants, the inheritor of G, are obligated to implement the registration procedure for ownership transfer on the ground of termination of title trust to the Plaintiff.

2. Judgment on the main defense of this case

A. The plaintiff asserted that the defendant did not have a substance of a clan set up for the lawsuit of this case, and there is no legitimate general meeting resolution for the filing of the lawsuit of this case.

B. The Plaintiff asserted that the Plaintiff is a clan of the unique deceased, which had existed before 1938, and the Plaintiff lawfully filed the instant lawsuit following the general assembly on January 5, 2015.

Even if the filing of the instant lawsuit is unlawful due to the existence of procedural defects at the Assembly on January 5, 2015, the act of filing the instant lawsuit was ratified through the General Assembly on May 16, 2015 and the General Assembly on November 9, 2015.

C. Determination 1) The provisions of Article 265 of the Civil Act concerning the preservation of collective property cannot be applied to the preservation of joint ownership. Barring special circumstances, barring special circumstances, a resolution of the general meeting of members pursuant to Article 276(1) of the Civil Act is required. Thus, in a case where a clan, an association which is not a juristic person, files a lawsuit as an act of preserving collective property, it shall undergo a resolution of the general meeting of a clan unless there are special circumstances (see Supreme Court Decision 2009Da83650, Feb. 11, 2010). In holding a general meeting of a clan, barring special circumstances, all members of the clan who are clearly residing in Korea after determining the scope of the members of the clan who are the subject of notification of convening a clan