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(영문) 서울중앙지방법원 2016.09.09 2015가단170195

보상금반환

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The parties' assertion

A. The plaintiff's assertion is a natural relative organization formed by K as a joint ancestor for the purpose of promoting the protection of graves, religious services, and friendship among its members for a hundred years with K's 20 years old descendants, which was established on August 15, 2005, and the sexual code was amended on September 5, 2015. The plaintiff's assertion constitutes a clan of unique meaning if it is comprehensively determined the content, purpose, establishment and organization's circumstance, the scope and qualification of its members, etc.

The Plaintiff: (a) on March 5, 1972, registered the title trust with the network M, Defendant B, C, D, and E’s father, the father of the clan, Defendant F, G, H, and I’s father; (b) on July 4, 2011, while accepting the instant land as a housing site for a housing project, the Plaintiff deposited the instant land for repayment in equal amount of KRW 62,261,50 to the registered titleholder of the instant land and his respective inheritors on June 29, 201; (c) on the ground that the title trust relationship between the Plaintiff and the deceased M, etc. was automatically terminated, the Defendants, who received compensation, are obligated to return the compensation to the Plaintiff as unjust enrichment.

B. As to the defendant's assertion, the defendant's main defense is as follows.

The plaintiff is an organization established voluntarily for the purpose of the filing of the lawsuit of this case by some descendants who take the lead of the 20-year-old K as a joint group. Since there is no substance as a clan, the plaintiff's representative is not capable of being elected at the general meeting convened in accordance with legitimate procedures, the plaintiff is not eligible to represent the plaintiff.

2. Determination as to whether a clan has a substance

(a) A clan is a naturally created clan group composed of members for the purpose of protecting the graves of a common ancestor and promoting friendship between their religious services and their members.