1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

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

The plaintiff asserted that the lawsuit of this case is legitimate, and the defendant is a clan that consists of descendants of JJC K as a joint ancestor, and the defendants are the members of the plaintiff's clan.

Attached Form

Each of the real estate mentioned above (hereinafter referred to as "each of the real estate in this case") was owned by the plaintiff, and title trust was made to some of the plaintiff's clan members, including L, M, N and defendant B, H and I.

The Plaintiff terminated the title trust agreement on each real estate of this case by serving a written complaint of this case.

Accordingly, Defendant C, who is the heir of Defendant B, H, I, and L, and Defendant D, who is the heir of Defendant D, N, and Defendant E, F, and G, are obligated to implement the registration procedure for ownership transfer due to the termination of title trust to the Plaintiff.

The Plaintiff’s assertion by Defendant E, F, and G is a clan created to file the instant lawsuit, and there was no substance of the Plaintiff, and there was no legitimate resolution of the general meeting for filing the instant lawsuit. Therefore, the instant lawsuit is unlawful.

Judgment

The provisions of Article 265 of the Civil Act concerning the preservation of property jointly owned cannot be applied to the preservation of property jointly owned. Barring special circumstances, it shall go through a resolution of the general meeting of members pursuant to the provisions of Article 276 (1) of the Civil Act, so even where a clan which is not a juristic person files a lawsuit as an act of preserving the property jointly owned by it, it shall go through

(See Supreme Court Decision 2009Da83650 Decided February 11, 2010). In holding a clan, barring any special circumstance, a resolution at the general meeting of a clan held without convening a notice on some members of the clan shall be null and void, since each of them shall be given an opportunity to participate in the meeting, discussion, and resolution by individually notifying all members of the clan who are able to be notified of their whereabouts in Korea after determining the scope of the members of the clan who are subject to convening a notification for convening a clan, etc., and their whereabouts are evident.

On the other hand, Supreme Court Decision 21 July 21, 2005