부당이득반환 청구의 소
1. The plaintiff's primary and primary claims are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On October 29, 1992, the registration of ownership transfer was completed in the name of the defendant who is the south of the deceased on November 12, 1978 on the ground of the inheritance of the property due to the consultation division on November 12, 1978 with respect to C forest land 2579 square meters (hereinafter “the forest of this case”).
B. On October 24, 2012, the instant forest was completed on October 23, 2012 with respect to the Korea Land and Housing Corporation on the grounds of an agreement on the acquisition of public land as of October 23, 2012, and the Defendant received compensation of KRW 1.2 billion.
C. On June 22, 2013, Plaintiff clan held a general meeting of clans at the office of Plaintiff’s attorney to establish and set its name, and decided to file the instant lawsuit by selecting its representative.
[Ground for recognition] No dispute, Gap 1 to 10
2. The defendant asserts to the effect that the plaintiff clan was merely a subordinate organization for the lawsuit of this case, and that the plaintiff clan did not have any substance, and therefore, the plaintiff clan did not have the standing to be a party.
A clan is a naturally created family organization formed by descendants of a common ancestor for the purpose of protecting the graves, protecting the descendants of the common ancestor, promoting friendship between their descendants and the descendants, and is established by their descendants at the same time as the death of the ancestor. If the clan has been equipped with and continuously engaged in its activities to the extent represented by the representative elected in accordance with the rules or customs of the clan, the organization as a non-corporate group shall be recognized, and the issue of whether the clan has the capacity to be a party as a non-corporate group shall be determined at the time of the closing of arguments in the fact-finding court.
In full view of the aforementioned evidence and the overall purport of the arguments in the statement or video of Gap 11 through 12, the plaintiff clan is organized as a clan with the descendants of 20 years of age or older who are 26 years of age or older for the defendant clan's 26 years of age or older for the defendant clan, and their descendants after D's death are organized as the name of "G relatives' association", etc.