1. The instant lawsuit shall be dismissed.

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

1. The gist of the Plaintiff’s assertion is C25 major damages D in the middle of the trial.

On September 16, 1963, the Plaintiff trusted each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) to E and F, which are the grounds of the Plaintiff’s clan, each of 1/2 shares.

After that, F’s 1/2 shares of each of the instant real property were succeeded in sequence to G and the Defendant.

Since the Plaintiff terminates the title trust with respect to the Defendant’s shares among each of the instant real estate, the Defendant is obligated to implement the procedure for the registration of ownership transfer for the said shares.

2. Determination on the Defendant’s main defense

A. The gist of the main defense of this case is that the plaintiff has no substance as a clan, and the lawsuit of this case is unlawful since it did not go through a legitimate general assembly resolution for filing the lawsuit of this case.

B. Determination 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, a resolution of the general meeting pursuant to Article 276(1) of the Civil Act is required. Thus, in a case where a clan, an association 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 a clan unless there are special circumstances (see, e.g., Supreme Court Decision 2007Da17062, Dec. 27, 2007). In a case of holding the general meeting of a clan, barring special circumstances, it shall be decided by the general meeting of the clan unless there are special circumstances, and each of the members of the clan, who is clearly residing in Korea and are able to be notified individually, shall be given an opportunity for each of the members to participate in the meeting, discussion, and resolution (see, e.g., Supreme Court Decision 2009Da83650, Feb. 11, 2010).