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1. Revocation of the first instance judgment.
2. The Defendant’s KRW 390,000,000 for the Plaintiff and its related expenses from June 21, 2014 to August 2017.
Reasons
1. Basic facts
A. On April 18, 1968, the deceased H (the deceased on December 12, 1991, hereinafter “the deceased”) completed the registration of ownership transfer based on sale on April 12, 1968 with respect to the land of this case.
B. On June 20, 2014, ten heirs, including the South-North Defendant, including the deceased, completed the registration of ownership transfer on the instant land by 1/10 shares each due to the inheritance due to consultation and division on December 12, 1991, and completed the registration of ownership transfer on April 25, 2014 at the J of the same day.
C. Around that time, the Defendant received total of KRW 390 million from J with the purchase price of the instant land.
[Ground of recognition] Facts without dispute, entry of Gap evidence 2 and 19 (including each number, if any; hereinafter the same shall apply) and the purport of the whole pleadings
2. Judgment on the main defense of this case
A. The defendant's assertion 1) The plaintiff does not have the substance of a clan, such as holding a general meeting of a clan or selecting its representative in accordance with the legal procedures up to the date, and there is no specific scope of its members. Thus, the lawsuit of this case filed by the plaintiff who has no capacity to be a party is unlawful. 2) The lawsuit of this case filed by the plaintiff is unlawful. The clan is a naturally created group of the clan members with the aim of protecting the graves of the joint ancestor and promoting friendship between its members and their descendants, which is established by the death of the joint ancestor, and there is no need for special organization for its establishment. However, there is a case prescribed by the regulations in order to regulate its activities, and there is a need to appoint its representative at the time of external activities. Thus, it is necessary to establish the existence of a clan with a specific name and a written covenant or with a continuous appointment of the representative of the clan.