1. The instant lawsuit shall be dismissed.

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

Plaintiff’s assertion

The Plaintiff is a clan (attached Form 1) comprised of descendants of C C 27 years old, and held title trust of each real estate listed in the list (hereinafter “instant real estate”) in E, F, and G.

However, since the Defendant, a heir of E, completed the registration of transfer of ownership with respect to 5/30 shares out of the instant real estate due to inheritance, the Plaintiff demanded the Defendant to return the amount equivalent to the purchase price.

The defendant's assertion on this safety defense argues that the plaintiff does not have any substance as a clan with its own meaning and therefore has no capacity to be a party.

Even if the capacity of the party is recognized, the resolution of the clan General Meeting on November 28, 2016, which appointed I as the representative of the plaintiff, is invalid as the resolution of the clan General Meeting is invalid as it does not have any validity due to the defect in the convening procedure.

In addition, in order for a clan to file a lawsuit, the clan must convene a general meeting and have a resolution on the authorization of the filing of a lawsuit, and the lawsuit filed without legitimate resolution is unlawful.

However, the plaintiff has filed the lawsuit of this case against the defendant without a legitimate resolution of the general meeting of clans, which should be dismissed.

A clan within its unique meaning of judgment on the ability of the parties shall be a naturally created family organization formed by descendants of the common ancestor for the purpose of protecting the graves of the relevant vessel, protecting the descendants of the relevant vessel, promoting friendship among descendants, and shall be established by losses at the same time as the death of the relevant vessel, in the absence of any special organization.

However, if a non-corporate body has the ability to be a party in civil procedure, it must have organization to a certain extent and be a representative (Article 52 of the Civil Procedure Act). Therefore, even a clan with an unique meaning established naturally, it shall be recognized as a party ability to satisfy the requirements of a non-corporate body.