1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. The plaintiff's clan is the clan of the first clan that was made by the plaintiff's clan for the clan of H and its descendants are the clan of the deceased, and the D clan of the plaintiff (hereinafter "D clan") is the clan of the plaintiff's clan, and the defendant is the plaintiff's four members of the plaintiff's clan.

B. Around October 2005, G, the general secretary of D clan, sold 2,403 square meters (hereinafter “instant real estate”) to 180,000,000 won from the Nam-gu Incheon Branch of D clan, Nam-gu, Incheon (hereinafter “the instant real estate”), and deposited 113,946,839 won remaining after deducting capital gains tax, etc. (hereinafter “the instant amount”) into the Defendant’s account, the president of D clan on May 2, 2008.

C. On May 18, 2010, the Defendant appears to have paid the amount actually paid by the Defendant to E, the chairperson of the D clan, to E, was KRW 114,524,664.

A. The payment was made.

[Reasons for Recognition] Facts without dispute, Gap evidence 4, Eul evidence 5, Eul evidence 14, 15 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of action

A. On October 21, 2005, the third president of the plaintiff clan, who was the chairperson of the plaintiff clan, moved to the forest owned by the plaintiff clan on October 21, 2005, and the two members of the D clan shall be moved to the forest owned by the plaintiff clan, and in return, D clan shall pay the price for the sale of the real estate of this case registered in its name to the plaintiff clan, and the plaintiff clan agreed to every year for the two members of the D clan which was moved to the plaintiff clans.

In accordance with the above agreement, in around 2009, the plaintiff clan moved 2 members of the D clan to the forest land of the plaintiff clan, and D clan G transferred the remaining amount of the dispute of this case to the defendant who was the chairperson of the plaintiff clan after deducting transfer income tax, funeral expenses, etc. from 180,000,000 won for the sale of the real estate of this case from the sale of the real estate of this case.

The defendant, while keeping the dispute of this case in custody, voluntarily, in collusion with E without going through the resolution of the general meeting of the plaintiff's clan.