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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion that the plaintiff is a kind of PJ, which is a clan consisting of descendants below S for the purpose of Q, R, and S (hereinafter referred to as the cemetery protection and the sponary worship, and each real estate listed in the separate sheet was registered in the name of the defendants, but terminated the title trust on April 21, 1985. The defendants are liable to implement the procedure for the registration of ownership transfer of the real estate of this case registered according to their respective shares to the plaintiff.
2. Determination as to the legitimacy of the instant lawsuit
A. The Defendants’ defense prior to the merits (1) cannot be determined by the Plaintiff’s assertion on the grounds that the scope of the right of preference is unclear, and the Plaintiff did not have the substance as an organization, and thus is not recognized as a party’s ability.
(2) The Plaintiff’s representative T is a person elected without a resolution of a legitimate clan general meeting, and the instant lawsuit is unlawful as being instituted by a person without legitimate power of representation.
(3) There is a defect in the appointment of the Plaintiff’s representative and the resolution of each general assembly or board of directors for the institution of the instant lawsuit.
B. (1) Determination of whether the Plaintiff has the ability to be a party (A) The relevant legal doctrine is a natural created group of the clans comprised of the descendants of the common ancestor who have reached majority among the descendants of the common ancestor with the purpose of protecting the graves of the common ancestor, promoting friendship among its members, etc., which is established by his descendants at the same time as the death of the common ancestor, and there is no need for special organization for its establishment. However, there is a case where the rules are established to regulate its objective activities and external activities need to be appointed when the rules are performed, so the use of a specific name and the written clan rules are not necessarily required to recognize the existence of the clan, or the representative of the clan has to be continuously appointed.
(see, e.g., Supreme Court Decision 2011Da91852, Oct. 31, 2013).