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1. The Defendant’s KRW 169,766,378 for the Plaintiff and 5% per annum from November 28, 2013 to August 13, 2018.
Reasons
1. Facts of recognition;
A. The plaintiff is a clan with F, the 12-year old descendants of CC C, D, the 12-year old descendants of E, the 15-year old descendants (D's 15 years old descendants) as the composition of a adult or older person among the descendants who have been a joint ancestor
B. The Defendant was appointed as the representative at the Plaintiff’s extraordinary general meeting held on August 28, 2010 and was elected as the representative by March 31, 201.
C. Meanwhile, G clans (hereinafter “this case’s clan”) is a clan consisting of the members of H, who are 20 years of age or older among descendants, who are 12 years of age or older, Da 13 years of age or older (D 25 years of age or older), among the descendants, and is the Plaintiff’s clans.
On August 21, 2010, the 13th clans of this case held an extraordinary general meeting and elected I as the president, and the Justice of the said 13th clans of this case referred the name of the said 13th clans of this case to the 13th clans of this case at the said 13th clans of this case in the said 13th general meeting.
E. However, around December 14, 2010, the Defendant asserted that he/she is the representative of the above LJ (hereinafter “the instant 13th MP”) and filed a lawsuit against the Suwon District Court to cancel the registration of change, etc. of the indication of a registered titleholder against the instant 13th MP. On the grounds that the court of first instance on February 16, 2012 in the said lawsuit cannot recognize the substance of the instant 13th MP., the appellate court dismissed the appeal on October 18, 2012, and on June 14, 2013, the appellate court rendered a judgment dismissing the appeal, respectively.
F. Meanwhile, the above I died on January 25, 2013, and M, as acting representative, announced that M will hold an extraordinary general meeting with respect to the election of the president of the 13th clan of this case on March 11, 2013, and around that time, notified 76 members of the clan of the fact of holding the general meeting.
G. The Defendant is the representative of the Plaintiff until March 31, 2011, and thereafter, was the former president of the Plaintiff, who had been engaged in the management and enforcement of the Plaintiff’s clan properties until the latter president is appointed.
H. The Defendant around March 21, 2013