1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 15, 1979 with respect to the land size of 2,616 square meters (hereinafter “the instant real estate”) prior to Cheongju-si, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju-si, the registration of transfer of ownership was made on May 1, 1970 on the ground of sale on the network D, E, F, and G, No. 6053, the Cheongju District Court received on October 15, 1979.

B. On September 22, 1995, with respect to the portion of the above network D among the instant real estate, each registration of transfer of shares was made to the Defendant and the designated heir H (hereinafter “Defendant, etc.”) in addition to the 98/3136 shares, respectively, by reason of inheritance.

C. On March 21, 2014, the Selection’s shares were for the acquisition of public land through consultation, and the Defendant’s shares were for the acquisition of each share transfer registration in the Cheongju-si Ltd. on the ground of expropriation on October 17, 2014. The Defendant received KRW 13,500,000, respectively, as compensation for the acquisition through consultation or expropriation.

[Ground of recognition] Unsatisfy, Gap evidence No. 1, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the plaintiff's assertion is that the plaintiff succeeded to the basic spirit of the clan and the events of the clan continuously transferred from the ancestor of I (J), K (8 years old), M (15 years old N), andO (18 years old P) and was established for the purpose of promoting friendship among the members of the clan, which purchased 1/4 shares of the real estate of this case in around 1970 and trusted in the name of the deceased D.

Therefore, since the shares in the name of the deceased D among the real estate in this case are owned by the plaintiff, the defendant et al. is obligated to return 13,500,000 won each of the compensation received as the shares in the name of each party among the real estate in this case acquired through consultation or accepted to the plaintiff.

B. The defendant et al. asserted to the effect that the lawsuit of this case is unlawful, since there was no resolution of the general meeting of clans to file the lawsuit of this case.

It is recognized that there was a resolution to file the instant lawsuit prior to the filing of the instant lawsuit only with the statement of No. 4.