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 clan is a naturally occurring clan created for the purpose of the protection of graves of the 13th to 14th descendants and G, which was derived from D's 14th descendants and F's 14th descendants, and for the purpose of friendship between descendants, and the naturally created clans created for the purpose of the protection of graves of the 14th descendants and the friendship among descendants in the vicinity of the Haju-si in the Haju-si in the Haju-si in the year, around September 194, it is desirable for the deceased I, among the descendants of the 14th descendants, to continuously manage the graves of the 14th descendants, since the Do governor established the regulations for the clan around September 194, which was the largest for the plaintiff clans of the 14th descendants, and equipped with the organization.

B. On March 5, 1951, the real estate owned by the Plaintiff clan, which was trusted in trust with J, K, and I as one-third shares of March 5, 1951.

Accordingly, the plaintiff clan was returned on June 22, 1995 by K and I with respect to 1/3 shares of the real estate in this case, but only the defendant, who is the heir of the deceasedJ, refuses to return the real estate.

C. The defendant is obligated to implement the registration procedure for transfer of ownership on the ground of termination of title trust with respect to the shares owned by the plaintiff clan of this case among the real estate of this case.

2. Determination on the defense prior to the merits

A. The defendant's assertion that the defendant is the clan of the plaintiff's clan, and the provisional clan assembly held for the filing of the lawsuit of this case is unlawful since it was done without legitimate convening procedures.

B. In filing a lawsuit concerning property jointly owned by a non-corporate body, barring special circumstances where the articles of incorporation provide otherwise, the resolution of a general meeting of employees shall be passed. Thus, a lawsuit filed by a non-corporate body in its name without the resolution of the general meeting of employees is unlawful as it lacks the requirements for the lawsuit.

(See Supreme Court Decision 2010Da97044 Decided July 28, 2011). A clan general meeting is subject to notification to convene a family meeting, except in extenuating circumstances.