1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

2. The costs of the lawsuit are G with the name of the plaintiff.

Plaintiff’s assertion

The plaintiff is a clan consisting of descendants of Jmph 65 members of the Republic of Korea.

On May 4, 1927, the Plaintiff trusted each forest of this case to the deceased L, and completed the registration of ownership transfer. On November 9, 1955, the deceased L, and the Defendants, the inheritor, succeeded to the status of the trustee.

On February 13, 2017, the Plaintiff notified the Defendants that they would terminate the pertinent title trust agreement, and the said notification reached March 3, 2017 to the Defendants.

Therefore, the Defendants are obligated to implement the registration procedure for ownership transfer on March 3, 2017 with respect to each forest of this case to the Plaintiff on the ground of termination of title trust.

In a case where a clan, an association which is not a legal entity, does a lawsuit as preservation of the property jointly owned by it, barring special circumstances, it shall undergo a resolution of the general meeting of the clan unless there are special circumstances.

(see, e.g., Supreme Court Decision 2009Da83650, Feb. 11, 2010). In order for a resolution of a clan general meeting to be valid, not only must the requirements for the quorum prescribed by the rules of the clan, etc., but also require that the general meeting be convened by a legitimate convening authority (see, e.g., Supreme Court Decision 92Da34124, Nov. 27, 1992). A clan general meeting determines the scope of the members of the clan for which notice was given by the clan, and provided each person with an opportunity to participate in the meeting, discussions, and resolutions of the clan general meeting without a convening authority, barring special circumstances, by individually convening a convening authority for all the members of the clan who are able to be notified because they have resided in the Republic of Korea and have clearly been located in the Republic of Korea.

However, if the members of a clan regularly meet at a certain time once a year in accordance with the rules or practices of the clan and set it in advance to handle the church affairs of the clan, a notice for convening a separate meeting shall be issued.