1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are JK and address expressed as the representative of the plaintiff: Kimhae-si L Apartment.

1. The plaintiff's cause of the plaintiff is a clan jointly set of MCN's four years of age and comprised of adults among their descendants.

Attached Form

The real estate recorded in the list is the property owned by the plaintiff, the land that entered into a title trust agreement with the deceased P, made on August 31, 1993, and managed as a clan property by completing registration of preservation of ownership in the name of the deceased.

In order to preserve and manage the above real estate, the Defendants died from the network P. The Plaintiff terminated the title trust agreement on the above real estate through the service of the copy of the complaint of this case to the Defendants, and seek the implementation of the ownership transfer registration procedure based on this reason.

2. Determination as to the legitimacy of the instant lawsuit

A. Defendant B and D, the representative of the Plaintiff, is not the representative appointed through a legitimate general meeting resolution, and there is no representative authority. The Plaintiff filed the instant lawsuit without a legitimate general meeting resolution, and thus the Plaintiff’s lawsuit against the Defendants is unlawful. Accordingly, Defendant B and D set up a defense prior to the merits to the effect that the instant lawsuit against

In accordance with Defendant B and D’s defense prior to the aforementioned merits, we examine the legality of the instant lawsuit against the remaining Defendants ex officio.

B. In a case where a clan, which is an unincorporated association, files a lawsuit as an act of preserving the property jointly owned by it, it shall undergo a legitimate resolution of the general meeting of a clan, except in extenuating circumstances (see, e.g., Supreme Court Decision 2009Da83650, Feb. 11, 2010). 2) In order to hold the general meeting of a clan, it shall make every effort to determine the scope of the members of the clan subject to the notification for all possible reasonable efforts and identify the location of the members and to notify the members of the family clearly who are residing in Korea. The convening authority shall individually call-up notice to the members of the clan who are able to notify because they are clearly residing in Korea. The clan shall make efforts to determine the members of the clan and to ascertain the location thereof to the extent that they