1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On July 8, 1993, Nonparty C completed the registration of ownership transfer for the forest land of this case under the name of Defendant clan on March 20, 1979 with respect to 59,306 square meters (hereinafter “the forest of this case”). On March 21, 2008, Nonparty C completed the registration of ownership transfer for the forest of this case under the name of Defendant clan on February 25, 2008.

B. On August 20, 2015, the Plaintiff was issued a written agreement for compensation (Evidence 1) by the representative C of the Defendant clan to the effect that the Plaintiff was “the total sum of the compensation for the instant trees, etc. planted between March 1, 200 and July 21, 2015 by the Plaintiff (hereinafter “the instant trees, etc.”) in the forest acquired by the Defendant clan.”

[Ground of recognition] Facts without dispute, Gap evidence No. 1 (the defendant defense that this document was forged by the plaintiff, but there is no evidence to prove it), evidence No. 2, and the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, it is reasonable to deem that the Defendant agreed to pay the Plaintiff the amount of KRW 54 million with the compensation for the instant trees, etc. on August 20, 2015 (hereinafter “instant agreement”). As such, the Defendant is obliged to pay the Plaintiff the agreed amount of KRW 54 million and delay damages.

3. As to the defense

A. The defendant's defense that the agreement of this case concluded by C, the representative of the defendant clan, is an act of management and disposal of collective ownership under Article 276 (1) of the Civil Code, and does not undergo a resolution of the general meeting of the clan.

B. Therefore, Article 276(1) of the Civil Act provides that “the management and disposition of the property in general” shall be governed by a resolution of a general meeting of members. The management and disposition of the property in collective ownership under Articles 275 and 276(1) of the Civil Act refers to an act of using or improving the property in collective ownership or an act of disposing of the legal or private performance thereof.