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1. The instant lawsuit shall be dismissed.
2. The costs of the lawsuit are assessed against D who is represented by the plaintiff.
Reasons
1. Each land written in the purport of the claim for a basic fact (hereinafter “each land of this case”) is jointly owned by G and H, one-half of their respective shares, as the G and H were dead, and one-half of their shares are inherited by inheritance by I and J respectively.
The J died on January 23, 2016, and as his heir, there is Defendant B and his wife as his mother.
[Evidence] Facts without dispute, Gap evidence 1-1 and 2-2, the purport of the whole pleadings
2. Determination as to the legitimacy of the instant lawsuit
A. The plaintiff asserts that the plaintiff of the parties concerned has a duty to implement the registration procedure for transfer of ownership on each of the land of this case as the reason of termination of title trust, since the plaintiff of this case, who is a clan grouped A 6 years old K and composed of descendants of this case, was a clan G and H, which is a clan, and the title trustee's status was terminated.
As to this, Defendant C has no substance as a clan and has no capacity to do so.
B. The unique meaning of a clan is a naturally occurring group of the clans that are naturally created for the purpose of protecting the graves and conducting religious services for the common ancestor and promoting friendship among the members of the clan, and therefore, the descendants of the common ancestor who are not less than 20 years old among the descendants of the common ancestor naturally becomes its members. Therefore, it does not require a special organization act or require the rules of a clan, but there may be a flasing of the common ancestor within the clan depending on who is a member of the common ancestor. Therefore, in identifying a clan and grasping its substance, it is the most important criteria for which a member of the common ancestor is to be a member of the clan.
(See Supreme Court Decision 94Da19792 delivered on October 11, 1994). However, only if a clan is naturally occurring group, a clan is not automatically established.