1. The instant lawsuit shall be dismissed.

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

1. Facts of recognition;

A. The network D completed each registration of ownership transfer on the ground of the completion of repayment on December 31, 1955 with respect to 44 square meters in Msan-si, Msan-si on July 2, 1980, due to sale and purchase on June 23, 1980, and on E 615 square meters prior to E on May 18, 1963.

B. On December 6, 1991, the land of this case was combined with two lots of land as stated in the above paragraph (a).

C. On December 6, 1991, the Defendant, who is the deceased D’s child, completed the registration of ownership transfer based on the donation on the same date.

[Reasons for Recognition] Unsatisfy, Gap evidence 2, Gap evidence 3-1 to 3, Gap evidence 5-1

2. Summary of the parties’ assertion

A. The Plaintiff clan: (a) donated the instant land from the network D, F, and G and trusted the instant land to the Defendant, who is the children of the network D; (b) held a meeting on February 21, 2014 and resolved to terminate the title trust of the instant land and file the instant lawsuit; and (c) sought implementation of the ownership transfer registration procedure based on the termination of the title trust on the date of delivery of the duplicate of the instant complaint to the Defendant, the title trustee.

B. The Defendant received the donation of the instant land from Defendant D, and the Plaintiff’s clan is not the owner of the instant land.

3. We examine, ex officio, whether the instant lawsuit is lawful or not.

The provisions of Article 265 of the Civil Act concerning the preservation of property jointly owned cannot be applied to the preservation of property jointly owned. Barring special circumstances, a resolution of the general meeting of members pursuant to the provisions of Article 276 (1) of the Civil Act. Thus, even where a clan which is not a juristic person files a lawsuit as an act of preserving the property jointly owned by it, it shall undergo a resolution of the general

On the other hand, in holding a general meeting of a clan, the scope of the members of the clan, which is subject to notification of convening a clan, shall be determined by the clan, except in special circumstances, and all members of the clan who can be notified individually because they have resided in Korea