beta
(영문) 광주고등법원(전주) 2020.01.23 2019나10922

토지보상금 반환

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The basic facts;

2. Determination on the defense prior to the merits

A. The reasoning for this part of this Court is as stated in the corresponding part of the judgment of the court of first instance (as stated in Chapters 5 through 9, respectively), except for the cases where the reasoning for this part is written as follows (as stated in the main sentence of Article 420 of the Civil Procedure Act). Thus, this part is cited as it is in accordance with

B. On the part of the judgment of the court of first instance, the 2nd to 6th to 8th of the judgment of the court of first instance have been completed as follows.

A. Defendant clan is an organization professing for a clan that is jointly created D, the members of which are 12 years old, and the Plaintiff clan is an organization that professes for a clan that is jointly created D, the members of which are 20 years old, the descendants of D. The certified copy of the register of the first instance judgment, 9 and 11, "Registration", and 8 (excluding the portion of each State) under the third page below.

“A final and conclusive determination”

(hereinafter referred to as the “Prior Civil Procedure”).” In the fourth page, the “Prior Civil Procedure Act” was finalized.

“A final and conclusive determination”

(hereinafter referred to as “Prior Criminal Procedure,” No. 4, “No. 1, 2,” and “No. 6, No. 7, 10, 17, 26, 30, and 31,” written “No. 15, 17, 26, 30, and 31,” written “No. 15, 17, 26, 30, and 31,” written “No. 15, 15, 17, 26, 30, and 31.”

3. Judgment on the merits

A. The summary of the plaintiff's argument 1) Each land of this case is the land owned by the J, the descendants of the plaintiff's common ancestor, which is the land provided as the land for the deceased's grave for the deceased's first time. However, since the plaintiff's clan was formed as a joint ancestor for the deceased's husband, the plaintiff's clan followed the intention of the J, followed by the intention of the J, and thereafter the plaintiff's clan acquired each land of this case, which is the property for religious use, from the heir of the J, and acquired it in title trust to M, etc., and the defendant's descendants are excluded from the descendants of D's children, not from the unique meaning of the clan, and consisted solely of D's children, AL and the descendants of AM.