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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The plaintiff is a clan consisting of descendants who jointly set up E 23 years of age F, and the defendants are the members of the plaintiff.
B. On July 29, 1997, the Defendants, G, and H entered into a sales contract with I to set the sales amount of KRW 173,60,00 with respect to the 2,170/2,370 shares (hereinafter “instant land”) in Osan-si J 7 Group9 Mountainous District (2,370 square meters) and completed the registration of ownership transfer with respect to shares of KRW 1/5 around that time.
C. The Korea National Housing Corporation accepted 2,570.84 square meters of the instant land as a road site, and deposited 167,443,080 won as compensation for expropriation to the Defendants on February 26, 2007.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 5 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion that the land of this case was held in title trust with the Defendants, G, and H. Therefore, the Defendants should return the compensation for expropriation of the said land to the Plaintiff as unjust enrichment.
B. In a case where the issue of title trust on a certain land between a clan and a clan member is disputed, it is proved that there has been a clan with an organic organization to a certain extent at the time the registration of the titleholder was made in the future, and the following land has been proved directly by the process or content of the clan; if several registered titleholders exist, the relationship between the registered titleholder and the clans; the relationship between the registered titleholders; the circumstances in which the registration was made in the future; the status of the establishment of a clan cemetery centering on the common ancestor; the number of graves and the memorials; the size and management status of the land; the receipt and disbursement relationship of the proceeds from the land; the payment relationship between the taxes and the public charges; and the possession of the certificate of registration.