Disposal of Clan (Jongjung) Real Estate by General Meeting Resolution — Notice of Convocation, Minutes, and Property Tax Liability

Procedure

1. 1. Check the disposal provisions in the clan bylaws

   Collective ownership is governed by the association's articles or other agreements and, beyond those, by Articles 276 and 277 of the Civil Act, so if the bylaws set the resolving body, quorum, and convocation method for disposals, those provisions apply (Civil Act, Article 275(2)). If the bylaws are silent, disposal of collectively owned property must be made by resolution of the clan members' general meeting, and the representative cannot decide on a disposal alone without a resolution (same Act, Article 276(1)).

2. 2. Prepare the member roster and send the convocation notice

   Compile a roster of the clan members to be notified with their names, addresses, and contact details, and send a convocation notice stating as the agenda the location, lot number, and area of the property to be disposed of and the method of disposal. If the bylaws do not set a convocation method, the notice is prepared with reference to the general meeting rule for incorporated associations in Article 71 of the Civil Act (notice stating the agenda sent one week in advance), and Article 72 of the same Act provides that resolutions may be made only on matters included in the notice.

3. 3. Hold the meeting and draft the resolution and minutes

   At the meeting, the number of members present and the votes for and against are confirmed, and resolutions are made on the property to be disposed of, the method and price basis, the clan-name account to receive the sale proceeds, and the representative who will sign the contract. If the bylaws set no quorum, Article 75(1) of the Civil Act (attendance of a majority of members and a majority of votes of those present) is used as a reference, and members who vote in writing or by proxy are documented with written resolutions and powers of authorized agent (same Act, Articles 73(2) and 75(2)).

4. 4. Check the representative appointment documents and the unique number certificate

   Registration of clan real estate is applied for in the clan's name by its representative (Registration of Real Estate Act, Article 26), and when the clan is the registration obligor, the bylaws, information proving the representative's status, and information proving the resolution under Article 276(1) of the Civil Act must be provided to the registry office (Rules on Registration of Real Estate, Article 48). If the minutes appointing the representative or the unique number certificate are not yet in place, they are prepared together with the disposal resolution, and registration proceeds as a separate procedure.

5. 5. Check property tax on clan property held in an individual's name

   If clan property is registered in the name of an individual member, the person listed in the public register is liable for property tax unless clan ownership is reported (Local Tax Act, Article 107(2)3). The registered owner must report to the city, county, or district where the property is located within 15 days from June 1, the tax base date, with evidence showing the facts (same Act, Articles 114 and 120(1)3), so the history of the title is also recorded in the meeting minutes and property list.

Required documents

• No prescribed form (an internal clan resolution procedure for which no statutory application form exists)
• Clan bylaws (including provisions on the resolving body, quorum, and convocation method for disposals)
• Roster of clan members to be notified (names, addresses, contact details)
• Convocation notice and record of dispatch (agenda stating the property to be disposed of)
• Minutes of the general meeting resolving the disposal, with written resolutions and powers of authorized agent
• Minutes of the general meeting appointing the representative and a copy of the representative's ID
• Copy of the clan's unique number certificate
• Certified copy of the real estate register and land ledger for the property to be disposed of

Fees

There is no government fee prescribed by law for drafting the convocation notice, resolution, and minutes of the clan members' general meeting, but actual costs such as postage for the convocation notices apply. Our office fee starts from the amount shown above and may vary depending on the number of clan members, the scope of the convocation notice, and whether the bylaws need to be revised; we will give you an exact quote after reviewing your documents.

See fees and official charges for this service →

Legal basis and review date

• Civil Act, Article 71
• Civil Act, Article 72
• Civil Act, Article 73
• Civil Act, Article 75
• Civil Act, Article 275
• Civil Act, Article 276
• Registration of Real Estate Act, Article 26
• Rules on Registration of Real Estate, Article 48
• Local Tax Act, Article 107
• Local Tax Act, Article 114
• Local Tax Act, Article 120

Checked against the statutes on 2026-10-26

Statutes and public notices change, so each case needs to be checked individually. Statute titles are given in English for reference. The Korean statutes are the authoritative text.

Check these first

• If clan real estate is disposed of without a resolution of the clan members' general meeting where the bylaws are silent, the validity of the disposal may be questioned as not conforming to Article 276(1) of the Civil Act, so the resolution must be completed before the sale contract (Civil Act, Articles 275 and 276).
• For clan property registered in an individual's name, property tax is imposed on the registered owner unless clan ownership is reported within 15 days from June 1 (Local Tax Act, Articles 107(2)3, 114, and 120(1)3).

Frequently asked questions