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1. The instant lawsuit shall be dismissed.
2. The costs of the lawsuit are assessed against B who is represented by the plaintiff.
Reasons
1. On March 29, 2019, the local Land Tribunal of Chungcheongnam-do, the Plaintiff’s assertion: (a) accepted the Plaintiff’s 102 square meters of land (hereinafter “instant land”); and (b) based on the written evidence Nos. 4-1, 424,00 won and evidence Nos. 4-2 and 1, 2, the amount determined by the adjudication; and (c) the amount deposited by the Defendant on May 17, 2019, appears to be KRW 11,449,500.
The defendant deposited the above money. Although the land of this case constitutes a public map that has been used as a passage through expansion and packaging at the time of the Saemaeul Movement in the 1970s, it erred by concluding the above land as a private road, and even if it is deemed that it is a private road, the compensation for the above compensation calculated based on the criteria different from D and E adjacent to the above land is unfair.
2. Whether the lawsuit in this case is lawful
A. The owner prior to the land expropriation on the registry of the land of this case on the part of the defendant's main port of safety is Class A, who is the plaintiff, and it is unclear whether the plaintiff's representative has legitimate power of representation, and whether the plaintiff has legitimate authority to file the lawsuit of this case.
B. Determination 1) In a case to which a clan is a party, whether a representative has legitimate power of representation is related to the requirements for litigation, which is subject to the court's ex officio investigation (see, e.g., Supreme Court Decision 2007Da28598, Apr. 10, 2008). If the existence of a fact is unclear, the principle of burden of proof is applied, and the fact that a decision is rendered on the merits itself is favorable to a clan, and the burden of proof for the requirements for a lawsuit, which is subject to ex officio investigation, is borne by a clan (see, e.g., Supreme Court Decision 96Da39301, Jul. 25, 1997; and, in filing a lawsuit concerning jointly owned property, a clan, which is a non-corporate, must undergo a resolution at a general meeting, unless there are special circumstances such as the articles of incorporation