1. The instant lawsuit shall be dismissed.

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

The Plaintiff asserts that the Plaintiff is a clan that the Plaintiff’s clan 23 years of age is a joint ancestor of F, and that each one-half of the real estates listed in the attached list (hereinafter “instant real estate”) among the real estates listed in the attached list is terminated after the title trust was held by G, which is a family member of G, shall seek implementation of the procedure for ownership transfer registration against the Defendants, the heir of G

The property owned by the family members of the clan is the collective ownership of the family members of the clan, and the lawsuit concerning the property jointly owned by the non-corporate group can only be filed in the form of an essential co-litigation under the name of the general members' meeting or by the whole members of the non-corporate group, or in the form of an essential co-litigation. The lawsuit filed by the non-corporate group without a resolution of the general members' meeting shall

(see, e.g., Supreme Court Decision 2006Da64573, Jul. 26, 2007). In addition, in holding a clan general meeting, each person shall be given an opportunity to participate in the meeting, discussion, and resolution by the clan meeting held without notice for convening a clan meeting, unless there are special circumstances to the contrary, by determining the scope of the members of the clan who are subject to notice for convening a family meeting, etc., and by individually convening a notice for convening a meeting to all members of the clan who are clearly residing in Korea and are able to be notified because

In addition, since a clan is a naturally created clan group composed of members for the purpose of protecting the graves of a common ancestor, promoting friendship among its members, etc., in light of the purpose and nature of the clan, it is reasonable to view that the descendants who share the same clan with the common ancestor clan naturally become its members when they reach majority without distinction of gender. Therefore, in the event that the general meeting of a clan gives a notice only to the male clan members at the time of the general meeting of a clan and fails to give a notice for convening the general meeting of an adult female clan members, a resolution at the general meeting of the clan

Supreme Court Decision 2009Da83650 Decided February 11, 2010 and Supreme Court Decision 2009Da83650 Decided July 21, 2005