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(영문) 대전지방법원홍성지원 2017.09.28 2015가합1182
부당이득금
Text

1. All of the plaintiffs' lawsuits against Defendant I, J, K, L, M, N,O, P, Q, R, and S are dismissed.

2. Defendant H H’s rank is June 2007.

Reasons

1. Basic facts

A. Defendant H H’s clan (hereinafter “Defendant clan”) is a clan in which T’s descendants are members of the clan.

B. The plaintiffs are the members of the defendant clan.

Defendant I, J, K, L, M, N and net U are members of the Defendant clan, and Defendant O, P and Q are the deceased’s successors, Defendant R and S are the deceased U’s successors.

C. At a general meeting held on June 17, 2007, the defendant clan made a resolution to distribute KRW 445 million, among the proceeds of the clan sale, to Defendant I, J, K, L, M, N and network U, net V and W, network X, Y, V, and Z (hereinafter "Defendant I, etc.") 1/13 each in 3,4230,000 won to Defendant I, J, K, L, M, N and N (hereinafter "the resolution of this case").

On November 9, 2016, Defendant clan adopted a resolution of ratification of the distribution resolution of this case at the general meeting held on November 9, 2016 (hereinafter “the ratification resolution of this case”).

[Ground of recognition] Facts without dispute, entry of Eul 1 and 4 evidence, purport of the whole pleadings

2. Whether the plaintiffs' action against Defendant I, J, K, L, M, N,O, P, Q, R, and S is legitimate

A. The gist of the plaintiffs' assertion is that the resolution of distribution of this case and the resolution of ratification are invalid on the grounds of gender discrimination between the members of a male and female clan without any reasonable ground. Thus, each of the 3,4230,000 won, which Defendant I, J, K, L, M, N and net U, and net V received from Defendant clan properties, does not have any legal ground.

Accordingly, Defendant I, J, K, L, M, and N are obligated to return the above shares to each Defendant’s clans for unjust enrichment, in which Defendant R, S, and Q inherited the shares of the network U, and the shares of Defendant R, S, and net V are inherited.

The plaintiffs who are the members of the defendant clan can seek confirmation on the existence of the obligation to return, such as he/she can seek direct performance from the above defendants in subrogation of the defendant clan in case that the defendant clan is insolvent.

B. The member of the clan shall have only a de facto, economic or general and abstract interest in the property relationship of the clan.

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