재산분할청구 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The registration of ownership transfer in the name of D was made on September 28, 1970 with respect to C Forest C, C, 7140 square meters (hereinafter “instant land”), around September 23, 2005, the registration of ownership transfer in the name of the Defendant was made on the ground of inheritance due to consultation and division, and the registration of ownership transfer in the name of E on May 14, 2008 (hereinafter “the instant transaction”) around May 30, 2008.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Judgment on the plaintiff's assertion
A. The Plaintiff’s land owner is the original clan of the Plaintiff, and D was registered in its own name on September 28, 1970 without obtaining consent from eight other successors, and the Defendant inherited and completed the registration, and the Defendant sold the instant land without obtaining consent from other successors.
Therefore, the Defendant is obligated to pay to the Plaintiff the purchase price of KRW 850,00,000,000, equivalent to KRW 1/9,944,444, and delay damages.
B. Determination 1) Since a clan is a naturally created clan organization aimed at the protection of the graves of the common ancestor and the friendship among its members, it does not require any special organization, but for whom it is a common ancestor, it may be the only part of the clan. Thus, in identifying a specific clan and its substance, it shall be the most important criteria for whom the common ancestor of the clan is a member, and the clan that differs from the common ancestor shall have a separate entity different from its members (see, e.g., Supreme Court Decisions 2002Da4863, Oct. 25, 2007; 2006Da14165, Oct. 25, 2007).