1. The instant lawsuit shall be dismissed.

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

The Plaintiff, based on the premise that the Defendant B, who was elected as the president of the clan general meeting held around December 5, 2016, convened by the Plaintiff as a member of AK as a member of AK and his lineal descendants, is a legitimate representative, the Plaintiff seeks the registration of transfer of ownership or cancellation of transfer of ownership for reasons of cancellation of title trust against the Defendants on the premise that the Defendant B, who was selected as the president of the clan general meeting held around December 5, 2016, is a legitimate representative.

Defendant R, S, T, U,V, W, X, Y, Z, AA, AB, AC, AD, AE, AF, AG, AH (Defendant 17 through 33) asserted that the Plaintiff did not have any substance as a clan and the instant lawsuit was unlawful because the Plaintiff did not have any capacity to be a party or is filed by a non-representative of authority to represent the clan. Defendant I, AI (Defendant 8,34) is proceeding by service by public notice, and the remaining Defendants (the Defendants from among the Defendants are present at the above clan general meeting of the Plaintiff’s assertion) are not submitting a written response.

However, the issue of party capacity is a matter of ex officio investigation by the court, and the court must investigate ex officio the facts that are the premise for the determination of party capacity without being bound by the parties’ allegations (see, e.g., Supreme Court Decision 2002Da4863, May 10, 2002). In a case to which a clan is a party, whether the representative of the clan has legitimate power of representation or not is a matter of litigation requirement and ex officio investigation by the court is

(See Supreme Court Decision 2000Da42908 delivered on May 14, 2002, etc.). Therefore, we examine the existence of litigation requirements prior to the judgment on the merits.

A clan is a naturally created family organization formed by descendants of a common ancestor for the purpose of protecting the graves of the ancestor and promoting friendship among descendants, and is established by descendants at the same time as the death of the ancestor, and the representative elected according to the rules or customs of the clan.