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1. Of the judgment of the first instance, the part concerning Defendant B’s clan is changed as follows:
Defendant B shall be the Plaintiff.
Reasons
1. Basic facts
A. The defendant clan is a clan formed for the purpose of religious rites, etc. as a joint ancestor with R 29 years of age as the damage to the ancestor, and the registration of the transfer of ownership in its name on September 24, 1993 with respect to the land of 67,438 square meters in Daegu Northern-gu Tream (hereinafter “the forest of this case”).
(A) Evidence No. 1). (b)
On December 16, 200, the chairperson of the defendant clan C (joint defendants of the first instance trial) collected 7-8 persons, including 7-8 persons, such as the chief secretary, the executive officers, etc. of the defendant E and each region, in the "Ucafeteria" located in the Daegu Suwon-gu, and discussed where to use the deposit amount of KRW 70 million transferred from the former general affairs.
However, although C does not actually hold a clan general meeting, C prepared a false clan minutes (No. 3) stating that “I, Defendant D, E, M (1954 students), H, J, K, L, or G (1952 students) attended the general meeting of the Defendant clan held in the apartment located in the around 16 December 2000, and passed a resolution to sell the forest land of this case to C and to delegate all the authority regarding the sales contract to Defendant D”.
C. Based on the above clan minutes, C completed the registration of ownership transfer on the forest of this case by the Daegu District Court, the North Daegu District Court, No. 3559, Jan. 30, 2001, and Jan. 18, 2001. On March 22, 2001, C loaned KRW 100,000,000,000 with respect to the forest of this case as the loan of KRW 100,000,000,000,000 with respect to the maximum debt amount, and completed the registration of ownership transfer (the registration of the above North Daegu District Court, the 13172, Mar. 22, 2001).
The Plaintiff received the provisional registration of the right to claim ownership transfer of forest land of this case (hereinafter “provisional registration of this case”) from C on July 10, 2002 by the Daegu District Court (Seoul District Court Decision 44282, Jul. 10, 202) and lent KRW 30 million in total to C from June 7, 2002 to September 6, 2002.
After that, C was unable to repay the above loan, the Plaintiff.