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1. The instant lawsuit shall be dismissed.
2. The costs of the lawsuit shall be borne by E indicated as the representative of the plaintiff.
Reasons
1. The parties' assertion
A. The gist of the Plaintiff’s assertion is that the Plaintiff is a clan with a unique meaning formed for the purpose of protecting graves, conducting religious services, and conducting religious services by making FC 25 years old as a joint ancestor, and the Plaintiff’s clan held title trust with Nonparty H, who is the 27 years old descendants of the Plaintiff clan. As such, each of the instant real estate is owned by the Plaintiff among the Plaintiff.
The Plaintiff, the heir of the deceased H, expressed his/her intention to terminate the title trust of each of the instant real estate through the service of a duplicate of the instant complaint to the Defendants. As such, the Defendants are obligated to implement each of the procedures for the registration of ownership transfer on the ground of the termination of title trust with respect to each of the instant
B. The summary of the defendant's argument is that the plaintiff's clan does not have the essence of a clan because it does not have an organic organization as a clan, and even if the plaintiff's clan is recognized as a party ability, the E, which the plaintiff claims as the representative of the plaintiff's clan, cannot be deemed as the representative appointed by legitimate procedures. Thus, the provisional clan conference of March 24, 2019, as long as the contents resolved at the above meeting by convening by the non-authorized person, are invalid, it is unlawful to have been filed by the non-authorized person.
2. Determination on the defense prior to the merits
A. A. A clan is a naturally created clan organization formed by descendants of a common ancestor for the purpose of protecting the graves of the ancestor and promoting friendship among their descendants and for the religious services. The unique meaning of a clan does not require special organization activities or the rules of sexual intercourse. However, if the clan is a naturally created group, it is not automatically established if the descendants of the common ancestor exist, but it is organized to the extent that the clan is represented by the representative elected in accordance with the rules or customs of the clan, etc., and its members are the same purpose.