1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The plaintiff's assertion

A. Defendant B Village Association (hereinafter “Defendant B Village Association”) is a non-corporate group consisting of one person per household among the descendants appearing in the field of agricultural affairs separate from those who resided in the village of the Gyeongnam-si (former HH) located in the 1957, and the Plaintiff is a member of the Defendant Village Association, who was working as the chairperson of the Defendant Village Association from 1997.

B. D and E, who had been working as a village head or farmland member of C, sold real estate of the Defendant Village without the consent of village residents by taking advantage of their status, and the Plaintiff, while performing the duties of the chairperson of the Defendant Village Association, has recovered the ownership of the real estate through civil litigation, etc. from 1997 to the Defendant Village Association.

C. The Defendant Village Association recognized the Plaintiff’s contribution and decided to pay 10% of the property as of July 22, 2003 to the Plaintiff. A written resolution to confirm it around August 2004. The major content is that the Plaintiff’s contribution to Defendant Village Association: (a) the difference between KRW 154,00,000 in the value of the instant real estate and the remaining amount of KRW 64,000 in the amount recognized as the Plaintiff’s contribution (=94,00,000 in the amount recognized as the Plaintiff’s contribution - KRW 30,000,000 in the amount already received by the Plaintiff); and (b) the Defendant Village Association transferred the ownership of the instant real estate to the Plaintiff.

Accordingly, the plaintiff paid KRW 90,000,00 to the defendant Village Association around September 2010. The defendant Village Association is obligated to implement the registration procedure for transfer of ownership on the real estate of this case to the plaintiff on July 22, 2003.

2. The conclusion that the Defendant Village Association transferred the ownership of the instant real property to the Plaintiff requires a resolution of a general meeting as an act of disposal of collective property.

(Article 276(1) of the Civil Code. However, each of the following circumstances recognized by Gap evidence Nos. 1, 2, and 1 (including paper numbers) are as follows: