1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are assessed against C (D) who is represented by the plaintiff.

Facts of recognition

A. On January 28, 1995, the deceased F (hereinafter “the Deceased”) completed the registration of transfer of ownership on the instant land as a result of sale on March 10, 1970, and the Defendant completed the registration of transfer of ownership on December 12, 201 with respect to the instant land by consultation division on December 22, 201.

B. The Defendant paid the property tax on the instant land from around December 2011.

[Ground of recognition] A without dispute, Gap evidence Nos. 1, Eul evidence No. 3, and the purport of the whole pleading as a whole, the plaintiff is a clan consisting of descendants after making G a joint vessel.

The plaintiff purchased the land of this case in around 1970 and entrusted it in the name of the deceased and used it as a clan mountain, and the registration was the representative of a clan on January 28, 1995.

The deceased completed the registration of transfer of ownership due to sale pursuant to the former Act on Special Measures for the Registration, etc. of Transfer of Ownership of Real Estate, which was in force at the time, and the Defendant completed the registration of transfer of ownership on December 12, 201 on the land of this case on June 22, 201.

On May 15, 2016, the Plaintiff held a general meeting to elect C as the representative and passed a resolution to file the instant lawsuit.

The plaintiff terminated the title trust agreement by serving a duplicate of the complaint of this case. The defendant is obligated to perform the registration procedure for ownership transfer in the plaintiff's future with respect to the land of this case, and deliver the above land to the plaintiff.

Judgment on the previous defense of the merits

A. The plaintiff, a representative of the defendant's argument C, did not have the substance of a clan, and even if the plaintiff has the substance of a clan, C is not a legitimate representative of the plaintiff, and the filing of the lawsuit in this case was done without a legitimate general meeting resolution. Therefore, it is not a law.

B. The relevant legal principles 1) clans are those for the protection and religious rites of the graves of a common ancestor by descendants of the common ancestor.