1. The plaintiff's claim is dismissed.

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

The fact that there is no dispute is purchased on February 3, 1931, from D, 360 square meters (hereinafter “the land before the division of this case”) from Sinnam-gun on February 3, 193, and completed the registration of ownership transfer on February 4, 1931.

On March 17, 1989, the land before the instant partition was divided into 68 square meters of the instant land and FF road (hereinafter “instant road”).

The deceased on June 18, 1994. On April 25, 2017, the Defendant, a spouse, completed the registration of transfer of ownership on the ground of donation on April 12, 2017 to Nonparty C, a child of the same day, at the same time as the registration of transfer of ownership on the land of this case was completed due to the sole inheritance by agreement division.

As the Plaintiff did not have the substance of the non-corporate body’s non-corporate defense on the part of the Defendant’s defense of this case, the Defendant’s lawsuit of this case is unlawful, since it did not have the capacity to sue, and it did not go through the legitimate resolution of the general assembly in filing the

Judgment

If a natural state as a community of residents living in Dong-ri, which is an administrative district, has its own purpose with its own purpose and has an entity as a social organization that independently performs its activities by appointing a decision-making institution and an executive representative, it shall be deemed that it has the capacity to be a party as an unincorporated association under Article 52 of the Civil Procedure Act (see, e.g., Supreme Court Decision 98Da33512, Jan. 29, 199). Whether it satisfies the requirements for the resolution of a legitimate general meeting in the appointment of a representative shall be determined on the basis of the date of closing of arguments in the fact-finding court.

According to the overall purport of Gap evidence Nos. 1, 2, 10, 11, 15, and 18 (including paper numbers), according to the plaintiff's agreement, the main purpose of the plaintiff's joint project, such as the purchase of community halls, is to promote community projects, such as the purchase of community halls, and all residents living in Gyeong-gun G are members of the plaintiff.