1. The defendant shall receive KRW 369,970,200 from the plaintiff, and at the same time, the defendant shall be 23,141 square meters of C Forest land in Chungcheongju-si to the plaintiff.

1. Basic facts

A. A. The Plaintiff is a clan consisting of descendants A, and D, who had worked as the president of a clan around October 201, had a plan to sell the land owned by the clan and purchase the building, etc. in the name of the clan, and convened an extraordinary general meeting.

B. A resolution was made to sell the instant land, etc. owned by the Plaintiff at the extraordinary general meeting of October 16, 2011 (hereinafter “instant resolution”).

Article 10 of the rules of the plaintiff provides that the acquisition and disposal of property, the sale price of which exceeds KRW 100 million, is stipulated as the resolution of the general meeting.

C. According to the instant resolution, on June 1, 2012, the Defendant concluded a sales contract with D and a seller as the Plaintiff to purchase the instant land (hereinafter “instant sales contract”).

By July 19, 2012, the Defendant remitted the purchase price of KRW 350,000,000 to D’s account. On the same day, the Defendant completed the ownership transfer registration on the instant land in the name of the Defendant (hereinafter “instant ownership transfer registration”).

On May 2, 2013, the Plaintiff’s clans filed a lawsuit seeking confirmation of invalidity of the resolution of this case against the Plaintiff (hereinafter “litigation District Court Decision 2012Gahap122”) and rendered a judgment that the resolution of this case is null and void on May 2, 2013. The said judgment became final and conclusive on September 12, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. Since the property owned by the clan is owned by the collective ownership of the members of the clan, the management and disposition of the clan is first stipulated in the regulations of the clan, and if there is no such regulations, the resolution of the general meeting of the clan shall be followed. Therefore, even if the property of the clan is disposed of by the representative of the clan, it is null and void unless it goes through such procedures.

Supreme Court Decision 200