부당이득금
1. The instant lawsuit shall be dismissed.
2. The costs of the lawsuit shall be borne by D.
1. The parties' assertion
A. The Plaintiff’s assertion is the actual owner of each real estate listed in the separate sheet (hereinafter “instant real estate”), and the Plaintiff held the title trust of the instant real estate to the network E, network F, network G, and network H.
However, even though the Defendants did not purchase the instant real estate from the Plaintiff, the Defendants forged documents, and completed each registration of ownership transfer on the real estate stated in [Attachment List Nos. 1 and 2] on March 10, 1972 pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate, on the ground of sale on March 10, 1972.
Afterward, the Defendants completed the registration of ownership transfer on January 20, 2015 on the instant real estate on the grounds of a consultation on public land on January 19, 2015, and received compensation KRW 22,039,810 from Hongsung-gun.
Therefore, the defendants are jointly and severally liable to return the above compensation to the plaintiff.
B. The Plaintiff’s assertion by the Defendants is unlawful, since it is unclear whether it is a clan or a clan similar organization, and there is no actual existence thereof, and the Plaintiff’s general assembly of the clan dated March 15, 2015 that appointed D as its representative is defective in the convening procedure.
2. Determination on the legitimacy of the instant lawsuit
(a) A clan within its unique meaning is a naturally occurring family organization formed by descendants of a common ancestor for the purpose of protecting the graves of the ancestor, defending the tomb of the ancestor and promoting friendship among descendants, and is established by descendants at the same time as the death of the ancestor, even if there is no special organization.
However, if the non-corporate association has the ability to be a party in civil procedure, it must have organization to a certain extent and be engaged in continuous activities, and its representative is required (Article 52 of the Civil Procedure Act), so the same shall also apply to a clan of an unique meaning established naturally.