The instant lawsuit is dismissed.

Costs of lawsuit shall be borne by D, which is represented by the plaintiff.

1. Basic facts

A. The status of the party is that the plaintiff is a clan consisting of the descendants after having the Embrym 7 son F as a joint ancestor, and the defendant B is the plaintiff's member, and the defendant C is the spouse of the defendant B.

B. The Defendants’ land use 1) On August 8, 1980, the Plaintiff completed the registration of the transfer of ownership with respect to the land indicated in the [Attachment List No. 2] (hereinafter “instant land”).

2) Defendant B newly constructed a building listed in attached Table 1 (hereinafter “instant building”) on the instant land, obtained approval for use on April 28, 2014, and completed registration for the preservation of ownership on May 2, 2014.

3) On September 12, 2018, Defendant B donated the instant building to Defendant C, and completed the registration of the transfer of ownership of the instant building on September 28, 2018.

(c)

Plaintiff

On January 29, 2018, the Duducheon-do Mayor paid additional taxes to the Plaintiff’s transfer income tax, etc.) on the expropriation of the nominal land and the Plaintiff’s transfer income tax. On January 29, 2018, the Duducheon-do Mayor deposited the compensation with the Government District Court No. 969 on March 13, 2018 (hereinafter “the deposit of this case”) for the expropriation of 3,211 square meters of H, I forest land, 1,274 square meters registered in the Plaintiff’s name in relation to the construction of G village access roads, and JJ 82 square meters as of March 15, 2018, and completed the registration of the transfer of ownership of each of the above lands on March 23, 2018 (hereinafter “the deposit of this case”).

2) On September 10, 2019, the Plaintiff reported and paid the transfer income tax, etc. based on the expropriation of each of the above land. As to the transfer income tax, etc., penalty tax of KRW 31,390,425 related to the above transfer income tax (=additional penalty tax of KRW 18,443,258 due to unfaithful payment of KRW 12,947,167) was paid.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 through 12, 26 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion

A. Defendant B received a notice of deposit and a deposit in relation to the instant deposit from the Jung-gu District Court as the Plaintiff’s subordinate member, and thus, Defendant B received such notice and deposit in accordance with the good faith principle.