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1. The Plaintiff:
A. As to Defendant B’s KRW 37,220,650 and KRW 25,026,40 among them, Defendant B’s
Reasons
1. Basic facts
A. The plaintiff is a clan consisting of descendants who jointly set up DC 28 years old E with descendants.
B. The Defendants completed the registration of ownership transfer with respect to each of the lands listed in the separate sheet (hereinafter “each of the lands of this case”) as the Plaintiff’s paper members as follows. Korea obtained the registration through consultation and paid compensation to the Defendants.
Paragraph (1) B of the date of the registration date of the Defendant’s land’s ground for registration, the date of the payment of compensation (cost) on December 16, 1974, and on April 23, 2008, the fact that: (a) Paragraph (2) 25,026,400; (b) Paragraph (3) of the same Article on July 18, 1999 inherited property through an agreement and division as of November 14, 2004; (c) Paragraph (4) 4,261,950 on July 26, 197; (d) No. 314, Jul. 11, 2006; and (e) No. 1850 on July 29, 1987; and (e) No. 7216, Jul. 16, 2004; and (e) No. 7214, Jul. 28, 2004>
2. The Defendants asserted that the determination of this case’s defense is an unincorporated organization that was not made for the institution of this case’s lawsuit, and that the resolution was invalid since the general assembly held on October 25, 2014 and the notice of convening a meeting was not given to all members.
A clan is a naturally created family organization formed by descendants of a common ancestor for the purpose of protecting the graves of the ancestor and promoting friendship among their descendants, and is established by their descendants at the same time as the death of the ancestor. If a clan has been equipped with and continuously engaged in activities to the extent represented by the representative elected in accordance with the rules or customs of the clan, the organization as a non-corporate group shall be recognized, and the issue of whether a clan has the capacity to be a party as a non-corporate group shall be determined at the time of the closing of arguments in the fact-finding court.
(See Supreme Court Decision 2009Da95387, Mar. 25, 2010). In full view of the aforementioned grounds for recognition, the Plaintiff is at least the Plaintiff, taking into account the purport of the entire pleadings.