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 defendant asserts that the common ancestor of the plaintiff was not specified and that it cannot be recognized as a clan or a similar organization of the plaintiff because the list of the plaintiff's members cannot be specified. The proper meaning of a clan is to be determined by selecting the plaintiff's party ability as the main defense for the safety of the plaintiff's family. It is a naturally created family organization formed by the descendants of the common ancestor for the purpose of protecting the graves of the relevant common ancestor and conducting religious services and promoting friendship among descendants, which is established by the descendants of the common ancestor, even if there is no special organization, it shall be established by the death and the descendants of the relevant common ancestor at the same time.

However, if a non-corporate body has the ability to be a party in civil procedure, it must have organization to a certain extent and be a representative (Article 52 of the Civil Procedure Act). Thus, even a clan with an unique meaning established naturally, it shall be recognized as a party ability to satisfy the requirements of a non-corporate body. This is related to the requirements for litigation, and it shall be determined at the time of the closing of argument in fact-finding proceedings.

(See Supreme Court Decision 2009Da95387 Decided March 25, 2010). Whether a clan naturally formed has an organic organization to the extent that a title trust can be held for another person by acquiring a right to real estate, etc. at a specific time, etc., is a matter concerning the subject of the ownership of the right, i.e., the ability of a clan to be a party as a matter of the principal proposal.

(See Supreme Court Decision 201Da64607 Decided January 10, 2013, etc.). In full view of the overall purport of the pleadings in accordance with such legal principles, the Plaintiff is a clan in which HC I et al. gather theJ, 49 years old, from HC I as a joint vessel, and the Plaintiff was elected as the president by enacting the articles of association in 1996, and selecting K as its representative, and the Articles of association through three times thereafter.