East Franchisive Co., Ltd. (Attorneys Lee Young-young et al., Counsel for the plaintiff-appellant)

The East Tropic Symology Association

May 22, 2009

1. The defendant shall be the plaintiff.

(a) 5% interest per annum from August 29, 2008 to June 26, 2009 and 20% interest per annum from the following day to the date of full payment; and

B. It shall pay to the 29,336,400 won per annum from March 22, 2008 to the completion date of delivery of the attached list 1 land.

2. The plaintiff's remaining claims are dismissed.

3. The costs of lawsuit shall be borne by the defendant.

4. The above paragraph 1(a) may be provisionally executed.

The defendant shall pay to the plaintiff KRW 130,192,920 and KRW 22,659,840 from March 21, 2004; KRW 25,340 from March 21, 2005; KRW 26,453,340 from March 21, 2006; KRW 27,363,780 from March 21, 2007; KRW 28,375,380 from March 21, 2008 to the date of service of a copy of the application for alteration of the claim and cause of the claim; KRW 5% per annum from the next day to the date of full payment; and KRW 20% per annum from March 21, 2008 to the date of service of a copy of the application for alteration of the claim and cause of the claim.

1. Determination on the defense prior to the merits

The defendant asserts that the lawsuit of this case concerning the property owned by the clan is unlawful even though the lawsuit of this case is filed with the legitimate resolution of the general meeting of clans as a lawsuit concerning the property owned by the clans.

According to each statement of the evidence Nos. 5 and 6, the plaintiff clan provided for the resolution of the board of directors on "all acts relating to litigation and litigation costs, etc." under Article 15 subparagraph 8 of the Rules of the clan, and the plaintiff clan may recognize the fact that the board of directors held on October 29, 2007 decided to institute the lawsuit of this case. Thus, the lawsuit of this case cannot be deemed to have been brought through a lawful resolution of board of directors pursuant to the rules of the clan, and the defendant's defense is groundless.

2. Judgment on the merits

(a) Basic facts;

(1) The plaintiff is a clan consisting of descendants who are 15 years old, non-party 1's 15 years old, non-party 2 as a joint ancestor. The defendant is a clan consisting of descendants who are 12 years old, non-party 1's 12 years old, a joint ancestor of the same clan.

(2) On March 21, 2003, the Defendant newly constructed a building on March 21, 2003 on the land listed in the attached list 1 (hereinafter “instant land”) owned by the Plaintiff (hereinafter “instant building”), and occupied and used the instant building until now.

(3) The rent of the instant land after March 21, 2003 that the Defendant commenced possession is as follows.

본문내 포함된 표 년도 면적(㎡) 토지단가 (원/㎡) 기초가격 기대이율 기간계산 기간임료 비고 2003 1,686 448,000 755,328,000 3% 365/365 22,659,840 2003. 3. 21~2004. 3. 20. 2004 1,686 510,000 844,686,000 3% 365/365 25,340,580 2004 3. 21~2005 3. 20. 2005 1,686 523,000 881,778,000 3% 365/365 26,453,340 2005 3. 21~2006 3. 20. 2006 1,686 541,000 912,126,000 3% 365/365 27,363,780 2006 3. 21~2007 3. 20. 2007 1,686 561,000 945,846,000 3% 365/365 28,375,380 2007. 3. 21~2008. 3. 20. 2008 1,686 580,000 977,880,000 3% 230/365 9,644,840 2008. 3. 21~2008. 3. 20. 합계 ？ ？ ？ ？ ？ 139,837,760 ？

[Grounds for recognition] Unsatisfy, the appraisal result by Nonparty 4, and the purport of the whole pleadings

B. The parties' assertion

(1) The plaintiff's assertion

The Plaintiff promised on March 21, 200 to pay rent corresponding to the Plaintiff on the face of the construction of the instant building on March 21, 203 with the consent to use of the instant land. The Defendant, from March 21, 2003 to March 20, 208, 130,192,920 won (22,659,840 won + 25,340 won + 26,453,363,780 won + 28,375,380 won + 20.3% of the following day following the 20.3rd day following the 20th day following the 20th day following the 20th day following the 20th day following the 3th day following the 20th day following the 20th day following the 3th day following the 20th day following the 3th day following the 20th day following the 20th day following the 20th day following the 3rd day following the 20th day.3rd day.

(2) The defendant's assertion

On April 22, 199, the plaintiff made a resolution of the board of directors to use the same (number 1 omitted) and (number 2 omitted) (number 3 omitted) in the re-building for the defendant's re-building, which is owned by the plaintiff. On September 22, 1999, the plaintiff made a resolution of the board of directors to use the above land (number 3 omitted) in the re-building for free for the re-building of the defendant. On August 8, 2001, the number (number 4 omitted) of the above land was divided from the Yongsan-dong (number 7 omitted), and since the conversion registration was made on the same day as the land of this case, the defendant asserts that he has the right to use the above land without compensation.

C. Determination

In principle, the management and disposition of the property owned by the clan as collective ownership of the members of the clan shall be in accordance with the clan regulations, and if the clan regulations do not provide for such regulations, a resolution of the general meeting of the clan

The defendant's assertion that the act of free use of the land of this case constitutes a disposition of the clan property, and unless there is any assertion or proof that the plaintiff's clan rules stipulate that the disposition of the clan property shall be followed by the resolution of the board of directors, the above assertion alone cannot be deemed to have the right to use the land of this case without compensation, and the above argument by the defendant is without merit.

Therefore, the defendant is obligated to pay to the plaintiff 130,192,920 won a rent from March 21, 2003 to March 20, 2008, and it is deemed reasonable for the defendant to dispute about the existence or scope of the obligation of performance of this case from August 29, 2008, which is the day following the day when a copy of the application for change of the purport of this case and the cause of the claim was served, to the day when the claim was delivered, 5% per annum under the Civil Act until June 26, 2009, and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment, and the plaintiff is not obligated to pay the interest accrued from March 21, 2008 to the day when the claim for repayment of unjust enrichment was made, and there is no obligation to pay the plaintiff 29,36,400 won a return of unjust enrichment from the day after March 21, 2008.

3. Conclusion

Therefore, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

[Attachment]

Judges Park Jin-young (Presiding Judge)