1. The instant lawsuit shall be dismissed.

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

1. The Plaintiff’s assertion, Seo-gu Incheon, Seo-gu, Seo-gu, Incheon (hereinafter “instant forest”) owned the Plaintiff, but the Defendants’ spouse or father, who is his father, completed the registration of ownership transfer in their own name by unlawful means. The Defendants, the deceased K’s heir, completed each inheritance registration as to the instant forest.

However, the Defendants agreed to return the forest land of this case to the Plaintiff.

As the Plaintiff terminated the title trust by serving a copy of the application for correction of the purport of the instant claim on September 21, 2017, the Defendants are obligated to implement each procedure for the registration of ownership transfer based on the termination of title trust with respect to each portion of the instant forest land.

The registration of ownership transfer in the name of the Defendants as to the forest of this case is invalid because it has been transferred to the network K and the Defendants based on the registration of ownership transfer in the name of M, not L, which is the name of the assessment. Therefore, the Defendants are obliged to implement each of the procedures for ownership transfer on the forest of this case on the ground that the real name is restored to the Plaintiff.

2. Whether the lawsuit of this case is lawful (the judgment of the defendant on the defense prior to the merits of this case)

A. 1) With respect to the Plaintiff’s party ability, the main point of the Defendants’ assertion is that the Plaintiff does not have a legitimate entity as a clan, and therefore, the Plaintiff has no capacity to be a party. 2) A clan within the unique meaning of the relevant legal doctrine is a naturally created organization formed by descendants of a common ancestor for the purpose of protecting the graves of the relevant vessel, protecting the remains of his/her religious ancestor, promoting friendship among his/her descendants, which is constituted by his/her descendants at the same time as the death of his/her ancestor, and if he/she has been engaged in continuous activities with an organization to the extent represented by the representative elected in accordance with the rules and customs of a clan and is recognized as an organization as a non-corporate group (see, e.g., Supreme Court Decision 2009Da95387, Mar. 25, 2010