1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's lawsuit against the defendant shall be dismissed.

3...

1. The court's explanation on this part of the basic facts is the same as the corresponding part of the reasoning of the judgment of the first instance, and thus, citing it by the main text of Article 420 of the Civil Procedure Act.

2. The parties' assertion

A. Plaintiff 1 or 3 is the land that the Plaintiff trusted in title to N, a clan, and the Plaintiff terminated the above title trust agreement by serving the purport of the claim and the application for change of the cause of the claim on December 14, 2018.

Therefore, the Defendant, who is the inheritor of N, is obligated to implement the registration procedure for ownership transfer based on the termination of title trust with respect to the shares of the Defendant among each of the above land.

B. The Plaintiff’s resolution at the general meeting of January 13, 2019 on the filing of the instant lawsuit by the Defendant is null and void due to the defect in the notification procedure, and thus, the instant lawsuit is unlawful.

3. Determination on this safety defense

A. The provisions of Article 265 of the Civil Act concerning the preservation of collective property cannot be applied to the preservation of collective property. Barring special circumstances, a resolution of the general members' meeting pursuant to the provisions of Article 276 (1) of the Civil Act shall be passed, barring special circumstances. Thus, even where a clan which is not a juristic person conducts a lawsuit as preservation of collective property, it shall undergo a resolution of the general

(See Supreme Court Decision 2007Da17062 Decided December 27, 2007). Meanwhile, in cases where members of a clan regularly gather at a certain place on a certain day according to the rules or practices of a clan and are to handle the social affairs of a clan, it is not necessary to convene a general meeting of a clan, but in addition, in convening a separate general meeting of a clan, each of the members of a clan shall be given an opportunity to participate in meetings, discussions, and resolutions of the general meeting of a clan which is held without lack of notification of convening a general meeting of a clan.