1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit shall be borne by B;

1. Facts of recognition;

A. On January 21, 1935, the ownership transfer registration was made in the name of the Plaintiff on January 21, 1935 with respect to the land cadastre C, Chang-gun, Chungcheongnam-gun (hereinafter “instant land”).

B. The Defendant: (a) executed the expanded construction project between the 88 Olympic Expressway D; (b) deposited KRW 6,630,000 for compensation under the Changwon District Court Decision 201Da190 on the ground that the person entitled to compensation could not be identified without negligence on April 10, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 7 and 14, and the purport of the whole pleadings

2. Judgment on the main defense of this case

A. As to the instant lawsuit seeking confirmation of the right to claim deposit money against the Defendant on the premise that the Defendant’s defense was the original owner of the instant land, the Defendant asserted that the Defendant was the genuine holder of the right to claim deposit money on the premise that the Plaintiff was the original owner of the instant land, the Defendant did not have the capacity to represent the Plaintiff as a clan and did not have the right to legitimately represent the Plaintiff. Therefore, the instant lawsuit brought by the Defendant, which was

B. 1) With respect to the plaintiff's party ability, a clan is a naturally created family organization formed by descendants of the common ancestor for the purpose of protecting the graves of the ancestor and promoting friendship between their descendants and their descendants, and is established by their descendants at the same time as the death of the ancestor. If the clan has been engaged in continuous activities with its organization to the extent represented by the representative elected in accordance with the rules and customs of the clan, the organization as a non-corporate group is recognized. On the other hand, the issue of whether the clan is a non-corporate group and has the capacity to stand as a party shall be determined at the time of the closure of arguments in the fact-finding court (see Supreme Court Decisions 91Da3161, Nov. 26, 1991; 209Da95387, Mar. 25, 2010).