1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. The total cost of the lawsuit is indicated as the representative of the plaintiff.

1. The gist of the plaintiff's assertion is that the plaintiff is a member of the D clan that is in motion to set up the age of 24 as a clan, and the defendants are members of the clan.

The plaintiff registered the title trust of each of the real estate of this case owned by the plaintiff to F, G, and H, which are the grounds of the clan, and completed the registration.

After that, Defendant B received the registration of ownership transfer from G, and Defendant C received the registration of ownership transfer with respect to each of the above real estate shares from F.

Therefore, the Defendants are obligated to implement the registration procedure for ownership transfer on the ground of termination of title trust on the date of service of a copy of the instant complaint.

2. Judgment on the main defense of this case

A. It is difficult to view the Defendant’s assertion that the Plaintiff constitutes a clan unique to the Plaintiff, and even if the Plaintiff falls under a clan unique to the Plaintiff, it is difficult to deem that there was a legitimate resolution of the clan general meeting to institute the instant lawsuit.

On the other hand, at a clan general meeting held on June 10, 2017 and July 16, 2017, a resolution was made to confirm that the Plaintiff was in title trust of each of the instant real estate and to file the instant lawsuit to restore it to its original state.

or, even if there were defects in each of the above resolutions

As to the plaintiff's assertion that ratification of a new resolution was made by the general meeting of clans held on January 28, 2019, it is difficult to view that the plaintiff made a legitimate notification for convocation to all members of the clans confirmed by the family council in holding each of the above general meetings.

B. Determination 1) In a case where a clan, an association which is not a juristic person, files a lawsuit on its collective ownership property, it shall undergo a legitimate resolution of the clan general meeting (see, e.g., Supreme Court Decision 2009Da83650, Feb. 11, 2010). Meanwhile, in holding the general meeting, each of the members of the clan holds a convocation notice individually for all adult male and female members who can be notified from among the descendants of the joint ancestor, and each of them holds the meeting.