[분배금] 확정[각공2007하,2559]
[1] Whether it is permitted to distribute a clan property only to some members (negative)
[2] The case holding that a resolution to distribute only to adult male members with the exception of female clans and minors, when distributing compensation for confinement on the land owned by clans, is null and void since it violates good morals and other social order, and its contents are remarkably unfair
[3] Whether a clan member can seek payment of the amount equivalent to his/her share in the clan because the clan property naturally belongs to the members of the clan without a separate specific distribution resolution (negative)
[1] In disposing of or distributing a clan property to an individual, profits therefrom shall be distributed to all the descendants of the joint ancestor including the adult male and female members, as well as the minor, in accordance with reasonable standards, and only some members of the joint ancestor shall be distributed to the individual, and it shall not be permitted as it infringes upon the remaining members of the clan and the right to expect the property of the descendants.
[2] The case holding that a resolution to distribute only to adult male members with the exception of female clans and minors, when distributing compensation for confinement on the land owned by clans, shall be null and void since it violates good morals and other social order, and its contents are remarkably unfair
[3] Since a clan property can be distributed only by a resolution of the general meeting of the clan, a member of the clan can only have a legitimate resolution of distribution and claim distribution according to such resolution, and even without a separate resolution of distribution, the clan property naturally belongs to the members of the clan in an equal ratio, and therefore the member of the clan cannot seek payment of the share amount from the clan immediately.
[1] Articles 31, 103, and 276 of the Civil Act / [2] Articles 31, 103, and 276 of the Civil Act / [3] Articles 31 and 276 of the Civil Act
Plaintiff 1 and 25 others (Attorney Ha-young et al., Counsel for the plaintiff-appellant)
Defendant clan (Law Firm 21st century et al., Counsel for the defendant-appellant)
September 12, 2007
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
The defendant shall pay to the plaintiffs 3 million won with 5% interest per annum from May 11, 2006 to the delivery date of a copy of the complaint of this case, and 20% interest per annum from the next day to the day of complete payment.
1. Facts without dispute;
A. Facts that the plaintiffs are female clans of defendant clans
B. The fact that the defendant clan decided to distribute 3,000,000 won to 350 adult male members only when it distributes the compensation for land expropriation at the general meeting of the clan on August 5, 2006 (hereinafter "the resolution of the distribution of this case").
2. Determination on the plaintiffs' claims
(a) Grounds for claims;
According to the resolution of the distribution of this case, the defendant clan is obligated to pay the plaintiffs who are female members of the clan a sum of three million won.
(b) Markets:
(1) In disposing of or distributing a clan property, profits shall be distributed to individuals in accordance with reasonable criteria as well as to the members of the common ancestor, including minors, and only part of the members shall be distributed to all the members of the common ancestor, who are not only the members of the clan but also the members of the common ancestor, cannot be permitted as it infringes upon the remaining members and the members' right to expect property. The resolution of the distribution of this case is null and void since the compensation, which is the property of the defendant clan, is distributed only to the members of the clan of the defendant clan who are not the members of the clan but also to the members of the adult male clan of the defendant clan, because its contents are remarkably unfair.
(2) On the other hand, since a clan property can be distributed only by a resolution of the general meeting of the clans, members of the clan can only make a resolution of legitimate distribution and claim distribution according to such resolution, and the clan property naturally belongs to the members of the clan without a separate specific distribution resolution, and therefore it is not possible for the members of the clan to claim the payment of the amount equivalent to the share of the clan.
As above, insofar as the distribution resolution of this case is null and void as the plaintiffs' resolution on the distribution of this case is null and void, the plaintiffs cannot claim the distribution against the defendant clan (the plaintiffs can claim the distribution only after allowing the defendant clan to adopt a new legitimate distribution resolution, and the members of the defendant clan who already received the distribution according to the invalid distribution resolution of this case have the duty to return it to the defendant clan). Ultimately, the plaintiffs' claim of this case is without merit.
3. Conclusion
Therefore, the plaintiffs' claims are without merit, and it is so decided as per Disposition.
Judge Choi In-bok