1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. The reasons for the court's explanation concerning this case are as follows: the "implementation of the procedure for the registration of ownership transfer of land listed in the attached list" in Section 4, Section 2 of the first instance court's decision is "delivery of land listed in the attached list and return of unjust enrichment"; the defendant added the following judgments as to the matters alleged in the trial court; and the defendant's additional evidence submitted in the trial court that "the plaintiff is only a clan similar organization" is insufficient to recognize the defendant's assertion that "the plaintiff is only a clan similar organization" is the same as the reasons for the first instance court's decision, except for the rejection of the defendant's statement No. 31-1 and No. 5 of the evidence No. 31 and the statement

2. Additional matters to be determined;

A. Even if the Plaintiff had the substance of a clan, H who brought the instant lawsuit cannot be deemed a legitimate representative of the Plaintiff, and the resolution on the instant lawsuit filed at the ordinary meeting of April 17, 2016 is null and void due to the defect in the convocation procedure.

Therefore, the lawsuit of this case is unlawful because it is filed by a person without the power of representation or is filed without going through the resolution of the valid clan general meeting.

B. Determination 1) A clan general meeting, unless there are special circumstances, shall be held that each person shall be given an opportunity to participate in meetings, discussions, and resolutions by individually giving each person an opportunity to participate in a meeting, discussion, and resolution by individually giving all the members of the clan who are clearly residing in the Republic of Korea after determining the scope of the members of the clan subject to notification of convening a meeting, and that there is no resolution by the clan general meeting held without a notification of convening a meeting to some members of the clan, but the method of convening a meeting shall not be necessarily required in writing directly, but it shall be done orally or by telephone, and shall be only done by another clan member or by telephone (see Supreme Court Decision 9Da3257, Jun. 29, 2001).