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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 20, 1918, the forest land register for 11,071 square meters (hereinafter “instant land”) in Incheon Strengthening-gun (hereinafter “instant land”) is written in the name of the network S, network T, network U, and network V.
B. Since then, the instant land was incorporated into a site for a reinforced general industrial complex and was expropriated by the Incheon Superior Industrial Complex Co., Ltd. (hereinafter “Reinforcement Industrial Complex”). On October 1, 2013, the Incheon District Court deposited KRW 393,020,50 (hereinafter “instant deposit”) as compensation for adjudication based on the adjudication on expropriation of the instant land under Article 7222 of the Incheon District Court Decision on Expropriation of the instant land by using the deposited money’s network S, T, net U, and net V.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings
2. Determination as to the legitimacy of the instant lawsuit
A. The plaintiff's assertion 1) The plaintiff's assertion is a clan comprised of clans over 20 years of age among Y's descendants for the purpose of describing X 6 years of age X, located in the land of this case, and the land of this case is real estate trusted in the name of the plaintiff under the name of the network S, network T, network U, and networkV. Therefore, the plaintiff's actual right holder of the deposit of this case deposited as compensation for expropriation of the land of this case is the plaintiff, and there was no legitimate resolution of the clan's general meeting on the plaintiff's complaint of this case before the main lawsuit of this case by the defendant B, C, D, E, F, H, I, J, and K. Thus, the plaintiff's lawsuit of this case is unlawful.
B. 1) A lawsuit concerning collective ownership of a related legal doctrine can only be filed in the name of a non-corporate group by a resolution of a general meeting of members or by all its members as a party to the lawsuit in the form of an essential co-litigation. A lawsuit filed by a non-corporate group without a resolution of a general meeting of members is unlawful by holding a special acceptance right as to the lawsuit (see Supreme Court Decisions 98Da46600, Oct. 22, 1999; 2004Da44971, Sept. 15, 2005).