beta
(영문) 청주지방법원 2018.08.31 2015가단104084

채권양도등청구

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is a member of the AE 24 years-old AF, who is a member of the AE 24 years-old AF and is comprised of descendants, and has been elected by the president, the general secretary, etc., and has been engaged in activities such as the number of graves of the common ancestor, the management of clan property, and the promotion of friendship among

B. On June 12, 1928, the land cadastre of 1907m2 (hereinafter “instant land”) in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant land”), the registration of ownership transfer is completed in the name of AH, AI, AJ, and AK (hereinafter “AH, etc.”) which is the clan of the Plaintiff clan.

C. The Korea Land Corporation, as the executor of the land development project for the instant land and its whole land, expropriated the instant land on or around April 17, 2009 pursuant to the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, and deposited KRW 70,368,300 for the instant land for the reason that the deposited person was unable to receive AH, etc. (hereinafter “the instant deposit”). On April 21, 2009, the Korea Land Corporation completed the registration of initial ownership on the instant land under the name of the Korea Land Corporation on April 30, 209.

AH died on March 8, 1956, and succeeded to the property of Defendant AL, Y, Z, AA, AB, AC, and AD. The AI died on November 19, 1962, and the remaining Defendants inherited the property.

E. AM filed the instant lawsuit in the capacity of the representative of the Plaintiff’s clan on April 16, 2015, and the Plaintiff’s clan held an extraordinary general meeting (hereinafter “general meeting of June 21, 2006”) in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do on June 21, 2006, and seven members among the seven members of the total clan were elected as AM’s representative with the consent of all the members present, and the Plaintiff’s Rules No. 4-1 and hereinafter “the Rules of this case”).

(B) Around August 2017, the instant litigation was pending, and died. The main contents of the instant rules are as follows. Article 4 (Qualification of Members)