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1. The plaintiff's appeal is dismissed.
2. The costs of appeal are assessed against C as the representative of the Plaintiff.
purport, purport, and.
Reasons
1. The parties' assertion
A. (1) The plaintiff (1) is a clan with a unique meaning that has a certain organization while forming and managing a common property for the purpose of dynasium, the protection of graves, and friendship among members, etc., among the small ancestor that is a joint ancestor of F (E8-year-old descendants) who is a strikeer in the AM literature.
(2) The Plaintiff’s final cause G (E 12 years of age) settled in Yangsan-si H and J in South-Nam-Nam-Nam-Nam-Nam-Nam-Nam, and J was frighting parents in high her direction, followed by K, L, and M.
Around 1952, N (K's south),O (L), and P (M's south) purchased, on behalf of their father, R (E9 years old) installed in Qdong forest in Yangsan-si on behalf of each father, and a funeral answer for tombstones, such as R (E9 years old), ASEAN, and T (hereinafter referred to as "the instant U land") established in Yangsan-si and Yangsan-si (hereinafter referred to as "the instant land") at each of 1/3.
(3) The land purchased as above shall be title trusted to W (N’s name on the N’s family registry), X (O’s family registry name), and Y (P’s family registry name) and shall be entrusted to Y, who is the father of the defendant.
However, unlike the instant U land, the registration under the Act on Special Measures for the Registration, etc. of Transfer of General Farmland Ownership was completed on June 30, 1965 with a sole name on June 30, 1965, and thereafter the registration of transfer of ownership was completed on June 24, 2008 on the instant land due to inheritance.
(4) The instant land was registered in title with Y, and even though the Defendant succeeded to the status of the trustee, the Defendant, on February 9, 2015, sold the instant land to a third party at KRW 110 million and made it impossible to recover the Plaintiff’s ownership. As such, the Defendant is liable to compensate for damages equivalent to the said amount or to return unjust enrichment.
B. Defendant (1) The Plaintiff collected persons who were the representative C et al. and have a friendship, and selected them as the representative, and created the instant lawsuit.