1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. On July 30, 1919, the real estate No. 1 of this case was the land under the name of Nonparty D, and the registration of preservation of ownership was completed on March 21, 1995 with respect to each one-half share.

B. Article 2 of the instant Real Estate was divided into the instant Real Estate No. 1 on January 21, 1998. On March 21, 2013, the registration of ownership preservation was completed with respect to each of the Defendants, other than the Defendants, who were the successors of D on March 21, 2013, and six-eight shares in the future. As for the shares of F, G, H, I, J, J, and K on May 21, 2013, the registration of ownership transfer was completed with respect to the shares of 6/8 shares owned by Defendant B on the ground of donation, Defendant B owned the shares of 7/8 and Defendant C owned the shares of 1/8 shares.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2, purport of the whole pleadings

2. Determination as to the defendants' defense prior to the merits

A. The plaintiff asserts that the plaintiff is merely a friendship group consisting of only part of L's descendants, and since there is no fact that a general meeting was held, it is not a clan within its own meaning, and therefore, it is not a clan, and therefore, the lawsuit of this case is unlawful.

B. A clan within its unique meaning is a naturally occurring family organization formed by descendants of a common ancestor for the purpose of protecting the graves of the ancestor, defending the tomb of the ancestor, promoting friendship among descendants, and is established by descendants at the same time as the death of the ancestor, even if there is no 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). Thus, 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. This is related to the requirements for litigation and shall be determined at the time of the closing of argument in fact-finding proceedings.

(See Supreme Court Decision 2009Da95387 Decided March 25, 2010, etc.).