1. The instant lawsuit shall be dismissed.

2. The costs of litigation shall be borne by B expressed as the plaintiff’s agent.

1. On August 2, 1996, with respect to the area of 221 square meters prior to C in the field of a basic fact, each registration of preservation of ownership was made in accordance with Article 22097 on June 18, 1996 with respect to the area of 208 square meters, which was the receipt of a senior support by the District Court of Jung-gu for Goyang District on August 2, 1996.

【Ground for Recognition: Each entry of Gap evidence 2-1 to 6】

2. The Plaintiff’s assertion of each of the instant lands (the above C and D lands) is divided from the land that is divided from the Si of Pakistan, and is the farmland of the Plaintiff clan, and thus, the registration of preservation of ownership completed in the future for the Defendant must be cancelled and delivered to the Plaintiff.

3. Determination

A. A. Since a clan is a naturally created clan group composed of members for the purpose of protecting the graves of a common ancestor and promoting friendship among its members, it is reasonable to view that descendants who share the same clan with a common ancestor and a clan naturally become its members when they reach majority without distinction of gender, in light of the purpose and essence of the clan.

(See Supreme Court en banc Decision 2002Da1178 delivered on July 21, 2005). In order to take effect a resolution of the clan general meeting for the appointment of a clan representative, a resolution of the clan general meeting is required to be convened by a legitimate convening authority. As such, if the clan general meeting fails to comply with the bylaws of the clan and is not convened by legitimate convening authority, a resolution of the appointment of the representative at the clan general meeting is not effective.

(See Supreme Court Decision 92Da34124 delivered on November 27, 1992, etc.). A clan general meeting, barring any special circumstance, shall determine the scope of the members of the clan who are subject to a notification for convening a family meeting, and give each person an opportunity to participate in meetings, discussions, and resolutions by individually giving notice to all members of the clan who are clearly residing in the Republic of Korea and are able to give notice because their whereabouts are clearly residing in the Republic of Korea, and no resolution of the clan general meeting held without a notification for convening a

B. (See, e.g., Supreme Court Decision 99Da32257, Jun. 29, 2001).