1. The instant lawsuit shall be dismissed.

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

1. Summary of the parties' arguments

A. According to the Plaintiff’s assertion and the written agreement prepared by the Defendant (hereinafter “Defendant clan”) on June 30, 2009 by the Plaintiff and the Defendant (hereinafter “Defendant clan”), the Defendant clan agreed to transfer to the Plaintiff the real estate (hereinafter “instant real estate”) of 1,00 square meters (3,306 square meters) among the land size of 8926 square meters (hereinafter “C real estate”) in Taean-gun, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, and the real estate indicated in the separate sheet (hereinafter “instant real estate”).

Therefore, the defendant clan is obligated to take the procedure of ownership transfer registration for the real estate of this case on the ground of the agreement made on June 30, 2009, and ② the defendant clan disposes of the real estate of this case to Nonparty D with KRW 300 million and the registration of ownership transfer against the plaintiff was impossible, so the defendant clan is obligated to pay the compensation for the damages of 10 million and the delay damages.

B. The gist of the defendant clan 1) is that there is no legitimate representative at the present time. The defendant clan is about 300 members of the clan consisting of only the descendants of the 25-year-old clan. 2) The minutes of the clan General Meeting (No. 1-3) dated 6, 2009 concerning the disposition of the real estate, etc. of this case were forged, and the defendant clan did not adopt a resolution of the general meeting of the clan for the preparation of the letter of agreement of this case, and the letter of agreement of this case was arbitrarily prepared by the F, which was the representative of the defendant clan at the time.

Therefore, the agreement of this case is null and void.

2. In a case where a clan is a party, whether the representative of the clan has legitimate power of representation or not is a requirement for a lawsuit, and the court's ex officio investigation is a matter of fact. Thus, the court does not have the duty to detect facts and evidence that are the basic

Even if the other party does not dispute the legitimacy of the power of representation based on the already submitted data, if the other party does not specifically point out it.