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 reasons for this court's acceptance of the judgment of the first instance are as follows, except for the addition of "2. Additional Judgment" to the reasoning of the judgment of the first instance, and therefore, they are cited by the main sentence of Article 420 of the Civil Procedure Act

(However, the defendant asserts to the effect that the lawsuit of this case is unlawful since it did not go through such procedures at the general meeting of the clans present in order for the plaintiff clan to bring the lawsuit of this case.

The lawsuit of this case seeking the registration of establishment of the neighboring real estate and the cancellation of the registration of the creation of superficies against the defendant, which was the property of the plaintiff clan, constitutes the act of preserving the collective ownership property, and therefore the lawsuit of this case requires a legitimate resolution of the

(see, e.g., Supreme Court Decision 2009Da83650, Feb. 11, 2010). Each description of Evidence Nos. 7 through 15, and 21 (including a serial number) is acknowledged as follows, and the purport of the entire pleadings is added. Thus, with respect to the filing of the instant lawsuit, it shall be deemed that there exists a legitimate resolution and ratification of the Plaintiff’s clan general meeting.

Since the lawsuit of this case is legitimate, the defendant's above assertion is without merit.

(1) A general meeting under the rules of the plaintiff clan shall be comprised of officers and operating members (Article 14); the general meeting shall be held at least a majority of all incumbent members; a resolution shall be passed with the consent of at least a majority of those present; and matters concerning the acquisition and disposal of property shall require the consent of

(Article 17) is set forth.

② On March 12, 2015, the Plaintiff’s clan shall hold an ordinary general meeting on March 12, 2015 and delegate all lawsuits against the real estate sold or donated by G in violation of its articles of incorporation in the course of the attendance of 18 executives and operating members, and 59 members of the general meeting.