1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The reasoning of the court's explanation concerning this case is as stated in the judgment of the court of first instance, except for the addition of the judgment on the defendant's grounds for appeal as follows. Thus, it is citing this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Judgment on the defendant's grounds for appeal

A. The Defendant’s ground of appeal 1) The Plaintiff’s instant lawsuit filed without a legitimate resolution of the general meeting, and is unlawful. 2) Although the Plaintiff clan paid a considerable amount of money to some clan officers with respect to the AI 519 square meters, it is unreasonable that the Plaintiff clan does not grant any compensation with respect to the instant lawsuit for the registration of ownership transfer based on the termination of the title trust, even though it was decided to complete the registration of ownership transfer based on the termination of the title trust.

B. 1) Whether the lawsuit in this case goes through a legitimate resolution of the general meeting of the plaintiff clan on August 25, 2016 is valid (1) The provisions of Article 265 of the Civil Act concerning the preservation of collective property cannot be applied to the preservation of collective property. Barring special circumstances, the resolution of the general meeting of the members pursuant to Article 276 (1) of the Civil Act shall be passed, barring special circumstances, even in cases where a clan which is not a juristic person files a lawsuit as an act of preserving collective property, it shall undergo a resolution of the general meeting of members, unless there are special circumstances.

(See Supreme Court Decision 2009Da83650 Decided February 11, 2010). In holding a clan meeting, barring any special circumstance, each person shall be given an opportunity to participate in meetings, discussions, and resolutions by individually giving notice to all members of the clans who have been held without notice for convening a clan meeting, after determining the scope of the members of the clan who are subject to notice for convening a clan by the family clans, etc., and who are clearly residing in the Republic of Korea and their whereabouts are clearly known.