1. The instant lawsuit shall be dismissed.

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

1. Under the Act on Special Measures for the Registration, etc. of Ownership Transfer of Real Estate (Act No. 3562), on August 21, 1984, the registration of ownership transfer was completed in the name of the defendant on the ground of sale as of February 15, 1973 by the Changwon District Court No. 6813 (No. 3562).

[Ground for recognition] Unsatisfy

2. Determination on the defense prior to the merits

A. The plaintiff asserted that the plaintiff, as the lawsuit of this case, title trust of the real estate of this case, was terminated, and sought implementation of the procedure for ownership transfer registration against the defendant on the ground of termination of title trust. As to this, the defendant is not a clan that the plaintiff lost, but the lawsuit of this case was filed without the plaintiff's lawful resolution for filing the lawsuit, and thus, it is unlawful.

B. In order for a clan to file a lawsuit under its name, a non-corporate clan shall undergo a resolution of the general meeting of clans, and the lawsuit filed by the representative of a clan in the name of the clan without the resolution of the general meeting shall be deemed to be unlawful by holding the special right to file

(see, e.g., Supreme Court Decision 2009Da83650, Feb. 11, 2010; Supreme Court Decision 2006Da64573, Jul. 26, 2007). In addition, a resolution of a clan general meeting means that the majority of the present members shall be determined by the majority of the present members, unless there are special provisions or customs of the clans. The majority at this time means that the attendance goes beyond 1/2.

(See Supreme Court Decision 93Da40089 delivered on November 22, 1994). C.

The fact that the plaintiff filed the lawsuit in this case without going through a legitimate general meeting resolution does not conflict between the parties.

However, the plaintiff asserts that, since the plaintiff's resolution of ratification of the institution of the lawsuit of this case was passed at the general meeting of the plaintiff held on December 7, 2014, such defects were cured.

In full view of the purport of the entire pleadings, the Plaintiff shall make an overall statement or video (including paper numbers) of evidence Nos. 13, 14, 16, and 17.