1. The instant lawsuit shall be dismissed.

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

1. The plaintiff clans asserted by the plaintiff are owners who completed the registration of ownership transfer on July 27, 1970 with respect to the real estate of this case.

However, on June 23, 2013, F, who became qualified as the representative of the Plaintiff, sold the instant real estate to Defendant B and completed the registration of ownership transfer.

After that, the registration of the establishment of a new superficies and the registration of the establishment of a new superficies in the name of the Defendant Jeondong Credit Union, the registration of the transfer of the ownership of Defendant C, and the registration of the establishment of a new mortgage in Defendant D was completed in

Therefore, as long as Defendant B’s ownership transfer registration becomes null and void, the registration of establishment of a superficies and registration of establishment of a superficies, Defendant C’s ownership transfer, and the registration of establishment of a neighboring mortgage of Defendant D, which is based on the ownership transfer registration, should be cancelled.

2. Defendant Jeon Dong-dong Credit Union (hereinafter “Defendant Jeon Dong-dong Credit Union”) raised a lawsuit of this case without the resolution of the general assembly, which is unlawful, as it judged whether the previous defense of Defendant Jeon Dong-dong Credit Union and the lawsuit of this case were legitimate.

Therefore, we examine the legitimacy of the lawsuit of this case.

The provisions of Article 265 of the Civil Act concerning the preservation of property jointly owned cannot be applied to the preservation of property jointly owned. Barring special circumstances, it shall go through a resolution of the general meeting of members pursuant to the provisions of Article 276 (1) of the Civil Act, so even where a clan which is not a juristic person files a lawsuit as an act of preserving the property jointly owned by it, it shall go through

(See Supreme Court Decision 2009Da83650, Feb. 11, 2010). Rules of the Plaintiff’s clan provide for the following: (a) The principal meeting of the Plaintiff’s clan shall have the following meetings:

1. General meetings:

2. An extraordinary general meeting:

3. The general meeting of the plenary session under Article 9 (Organization and Convocation of the General Meeting) of the ordinary meeting shall be divided into the general meeting and the extraordinary meeting, and the regular meeting shall be composed of G self- grandchildren who attend the regular meeting on the Korean colonial day, and the extraordinary meeting shall be closed;