1. The instant lawsuit shall be dismissed.

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

1. We examine the lawfulness of the instant lawsuit ex officio.

A. Even in cases where the instant lawsuit is brought by the Plaintiff, an association which is not a juristic person, seeking the procedure for registration of cancellation of ownership transfer registration under the name of the Defendant, as the preservation of each real estate listed in the separate sheet (hereinafter “instant real estate”), the lawsuit brought without a resolution of the general meeting of a clan is unlawful by holding special authorization for filing a lawsuit (see Supreme Court Decision 2009Da83650, Feb. 11, 2010).

(See Supreme Court Decision 2006Da64573 Decided July 26, 2007). Comprehensively taking account of the overall purport of the arguments in the written evidence Nos. 4 and 5, on June 28, 2014, the general meeting of the Plaintiff clan (hereinafter “the general meeting of this case”) was held, and the articles of incorporation of the Plaintiff clan was enacted, and there was a resolution to elect C as its representative; on November 28, 2014, eight members, including C, D, and E, holding a board of directors to recognize the fact that the resolution for the institution of this case was passed, but the resolution was adopted with respect to the agenda on which the lawsuit of this case was brought at the general meeting of this case.

There is no evidence to acknowledge that there was a resolution of the general meeting of the Plaintiff clan separately regarding the filing of the instant lawsuit.

Therefore, the lawsuit of this case is unlawful by holding special authorization for filing a lawsuit without the resolution of the general meeting of the plaintiff clans.

B. On the other hand, in holding a general meeting, if there are members of the clan who are not recorded in the Sejong newsletter, as well as all other members recorded in the Sejong newsletter, this shall also include those members who are clearly accessible after determining the scope of the members subject to the notification of the general meeting, and shall individually notify the members of the clan to contact, and it shall be more than 20 years from the date of the publication of the Sejong newsletter until the opening of the general meeting, unless there are special circumstances.