1. The Plaintiff:

A. Defendant B is the Daejeon District Court with respect to each real estate listed in [Attachment] List 1 and 2.

1. Basic facts

A. On December 14, 1977, the Plaintiff made D 29 years old E as a middle city and owned the registration of transfer of ownership in the name of the Plaintiff clan with respect to F forest land of 128,724m2 (hereinafter “pre-division forest”) in Daejeon Seo-gu, Daejeon, Daejeon, for its descendants, and Defendant B is the member of the Plaintiff clan.

B. On March 22, 2011, forest land listed in paragraph (1) of the attached Table No. 1 (hereinafter “the instant one real estate”) and forest land listed in paragraph (2) of the same Table (hereinafter “instant two real estate”) were divided into forest land before subdivision. As to each of the instant real estate, Defendant B’s order No. 1 on April 1, 201.

The registration of transfer of ownership as stated in paragraph (1) (hereinafter “instant registration of transfer of ownership”) has been completed, and the order of the Defendant Han Bank Co., Ltd. (hereinafter “Defendant Bank”) as the person entitled to registration on August 19, 201 with respect to the instant real estate No. 1-b.

The registration of the establishment of a neighboring mortgage and the establishment of superficies (hereinafter referred to as the "registration of the creation of a mortgage, etc. of this case") was completed on April 1, 201, and the order No. 1-C in the future of Defendant C on April 1, 2011.

The provisional registration of the right to claim ownership transfer (hereinafter referred to as the "provisional registration of this case") was completed.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 4 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. The lawsuit of this case brought by the representative of the plaintiff clan of the defendant Eul and the defendant bank was based on the resolution of the special general meeting of the plaintiff clan dated April 26, 2014.

(J) According to Article 7 of the Code, the list of clans for convening the above special meeting was prepared on April 20, 2014, although the special meeting requires a notification of convening seven days before the meeting.

Thus, the above special meeting is invalid because there is a serious defect in the convocation procedure, and therefore the lawsuit of this case is without a resolution of the valid general meeting.