1. The instant lawsuit shall be dismissed.

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

1. The Plaintiff’s assertion has completed the registration of ownership transfer as to a clan A’s joint establishment, and as to a 2,820 square meters (hereinafter “instant real estate”) in Yong-gun, Chungcheongnam-gun, Chungcheongnam-do on May 10, 1985, and owned it.

However, D, E, F, etc. sold the instant real estate to the Defendant on June 20, 2017 without undergoing a legitimate general meeting resolution by the Plaintiff, and completed the registration of ownership transfer as stated in the purport of the claim regarding the instant real estate (hereinafter “instant registration of ownership transfer”). Since the said disposal disposition, D, etc. becomes null and void, the Defendant is liable to implement the procedure for cancellation of the instant registration of ownership transfer.

2. Judgment on the Defendant’s defense prior to the merits

A. The defendant asserts that the lawsuit of this case cannot be viewed as a legitimate representative of the plaintiff. Thus, the lawsuit of this case is unlawful.

As to this, the Plaintiff, at the special meeting of March 31, 2018, elected G as the president (representative) and resolved on the instant lawsuit. The Plaintiff again ratified the resolution on the special meeting of March 31, 2018 at the special meeting of February 23, 2019, and accordingly, asserts that the instant lawsuit is lawful.

B. In order to take effect the resolution of the clan general meeting for the appointment of the representative of a clan, it is necessary to say that the general meeting has been convened by the legitimate convening authority, so if the clan general meeting does not comply with the clan regulations and is not convened by legitimate convening authority, the resolution for the appointment of the representative of the above general meeting shall be null and void.

(See Supreme Court Decision 92Da34124 delivered on November 27, 1992, etc.). On the other hand, a clan representative shall be appointed according to the rules or practices of the clan, and if there is no such rules or practices, the head of the clan or the head of the Dong shall convene an adult or higher person among the members of the clan and elect him/her, and there is no rules or practices regarding the appointment of a clan without being appointed by the head of the clan or the head of the clan.