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1. The Defendants are listed in the separate sheet of inheritance shares among each real estate listed in the separate sheet of real estate.
Reasons
1. Basic facts
A. The plaintiff clan is a clan that is composed of the members of the F 31-year-old G as a joint ancestor, and the defendants are children of the H of the defendant clan (the deceased on November 4, 1979; hereinafter "the deceased").
B. Each of the real estate listed in the separate sheet of real estate (hereinafter “each of the instant real estate”) was circumstances in the name of the Defendants under the name of I, a supporting unit of the Defendants, around 1910. On October 17, 1970, the registration of ownership preservation was completed under the name of the Deceased. On June 20, 201, after the death of the Deceased, the registration of ownership transfer was completed due to inheritance for each of the shares listed in the separate list of inheritance shares in the Defendants’ name.
[Ground] Facts without dispute, Gap evidence 1 to 3, Gap evidence 4-1 to 3, Gap evidence 6, 7, 50, 64, Eul evidence 1 and 2, Eul evidence 13-2, the purport of the whole pleadings
2. Determination on this safety defense
A. The defendants asserts that whether the plaintiff clan is a unique meaning or not, they are organizations whose members are only some of the members of the clan residing in a specific area that the plaintiff clans are members, not the unique meaning, but the organizations similar to the clans, and therefore, they have no ability to file the lawsuit of this case.
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. If a clan has been organized to the extent represented by the representative elected in accordance with the rules or customs of the clan and continues to engage in activities, the organization as a non-corporate group is recognized, and the issue of whether a clan has the capacity to be a party as a non-corporate group is related to the litigation requirements, and shall be determined at the time of the closing of argument in the fact-finding court.
(see, e.g., Supreme Court Decision 93Da27703, Sept. 30, 1994). Gileta, Nos. 1, 50, 60, and A.