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1. The Defendant’s KRW 100,000,000 as well as the Plaintiff’s annual rate from April 1, 2014 to June 7, 2018, and the following.
Reasons
1. Facts of recognition;
A. The plaintiff is a clan whose members are 63 years of age D's descendants among the descendants of C, and the defendant is the plaintiff's clan members.
B. The Plaintiff, at the general meeting held on December 16, 1983, elected the Defendant as the president.
At the executive conference held around December 1983, the Plaintiff decided to complete the registration of transfer of ownership in the name of the Plaintiff, including 12 lots of land, including 17,950 square meters, Kimhae-si, and to appoint the matters related to the procedures for the transfer of ownership to the Defendant, the Chairperson.
C. However, on December 26, 1917, the forestry register with respect to F forest land of 17,950 square meters in Kimhae-si stated that the registration of ownership preservation was completed in the Defendant’s name on the said land in accordance with the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (No. 3562) on June 25, 1985.
On November 5, 1994, the Plaintiff held a clan conference and completed the registration of ownership transfer in the name of the Plaintiff with respect to the land owned by the Plaintiff, including 17,950 square meters of F forest in Kim Jong-si. In particular, the Plaintiff decided to return the name of ownership transfer in the name of a member of a clan with respect to the land owned by the Plaintiff. At that time, the Defendant attended the clan conference and consented thereto.
E. On February 19, 2014, the ownership was transferred to the Republic of Korea on March 25, 2014 through consultation procedures for the acquisition of public land, in which the ownership transfer registration under the name of the Defendant remains in the remaining area with respect to F forest land 17,950 square meters in the name of the Defendant, and the ownership was divided into 11,083 square meters in the name of the Defendant.
F. On March 2014, the Defendant received KRW 300 million from the Republic of Korea as compensation for the acquisition of public land in the instant case by consultation, and only returned the remainder of compensation, excluding KRW 100,000,000, to the Plaintiff.
【Ground of recognition】 There is no dispute.