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1. The plaintiff's lawsuit against the defendants is dismissed.
2. The costs of lawsuit shall be borne by M& who is represented by the plaintiff.
Reasons
1. The Plaintiff’s assertion is a clan formed by N19 years old-old N19 years old-gu P, Q, and R land (hereinafter “instant land”) in order to trust the Plaintiff’s title to the Defendant’s clan C, T, U, V, W, X, andY (hereinafter “S, etc.”).
The defendants are successors of S, etc., and the remaining defendants except Defendant D are also the plaintiff's members of the family council.
When the land of this case was incorporated into the Zan-si Housing Site Development Zone, the Defendants received the compensation for expropriation from the Korea Land and Housing Corporation and completed inheritance registration by agreement division in the name of the Defendants, and completed the transfer registration in the Korea Land and Housing Corporation after completing inheritance registration by agreement division.
Accordingly, on August 10, 2014, the Plaintiff held an extraordinary general meeting (hereinafter “instant general meeting”) and resolved to appoint M as the Plaintiff’s representative and file the instant lawsuit (hereinafter “instant resolution”).
The Plaintiff terminated the title trust to be deemed to have been maintained in the compensation for expropriation of the instant land received by the Korea Land and Housing Corporation with the delivery of a duplicate of the instant complaint. As such, the Defendants are obliged to return the said compensation to the Plaintiff.
2. The main defense of the Defendants other than Defendant G and I (hereinafter “Defendant B”)
A. The Plaintiff does not have a proper list of the members of the clan, did not hold a clan general meeting, and all the seedlings of the ancestor members on the land owned by others around 1987, and the four seedlings remaining in the last place on November 201, 2010 did not engage in all the activities as a clan, such as a clan or a meeting, since they did not engage in the activities as a clan, it cannot be viewed as a clan.
B. Even if the Plaintiff is recognized as a clan, the Plaintiff did not go through legitimate convening procedures since it did not notify the Defendants and adult female clan members of the convocation of the instant general meeting. Therefore, the instant resolution was adopted.