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1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The appeal cost is AB expressed as the representative of the Plaintiff.
Reasons
1. Determination on the legitimacy of the instant lawsuit
A. The Plaintiff’s assertion is a clan made up of AC and composed of descendants after the Plaintiff’s establishment. The Plaintiff decided to terminate the title trust agreement at the general assembly of the clan of September 16, 2012 and the clan Assembly of September 13, 2015, when the Plaintiff was held in title trust in accordance with the share ratio stated in the separate sheet for convenience. As such, the Defendants are liable to implement the registration procedure for ownership transfer as stated in the purport of the claim to the Plaintiff.
B. The defendants asserted that the lawsuit of this case is unlawful on the grounds that the plaintiff not only did not have the substance of a clan but also did not go through a resolution of a legitimate clan general meeting for the filing of the lawsuit of this case.
(Defendant D and E do not have such assertion, but the existence or absence of such a requirement for litigation is a matter of ex officio investigation, and thus, the above Defendants are judged ex officio).
Judgment
1) A lawsuit concerning the property jointly owned by a non-corporate association may be brought in the form of indispensable co-litigation in the name of the general members' meeting, or all its members shall become the parties thereto, and even if they are the representative of the association or have gone through the resolution of the general members' meeting, they may not become the parties thereto. This legal doctrine applies to cases where a lawsuit is brought as an act of preserving the collective ownership property (see, e.g., Supreme Court en banc Decision 2004Da44971, Sept. 15, 2005). In order to hold a clan general meeting, the person with the convening authority shall individually notify the members of the meeting who can be notified by determining the scope of the members who are all reasonable efforts and identifying the location of the members residing in Korea, and the clan shall determine the members and its location.