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1. The instant lawsuit shall be dismissed.
2. The costs of the lawsuit are assessed against C who is represented by the plaintiff.
Reasons
1. The parties' assertion
A. The Plaintiff’s assertion 1) The Plaintiff is a clan that sells F (15 years of age from the Si) that is eight (15 years of age from the Si) descendants from Dm wave E. 2) The Plaintiff’s clan G (19 years of age from the Si tide) that is the cause of the Plaintiff’s clan was settled at H in Yangsan-si, and the son I and the son J was set up, and the J was frank, h, and M.
3) On around 1952, N(K),O (L), and P (M) on behalf of their father around 1952, R (16 years of age from Simsan-si Qdong Forest in Yangsan-si on behalf of their father, and R (16 years of age from Simsan-si) and R (hereinafter “U land of this case”) and Yangsan-si (hereinafter “the land of this case”).
2) The land of this case is the land of this case and the land of this case.
4) The land purchased as above was dealt with by the Defendant’s father, who was the Defendant’s father, with a view to title trust to W, X, andY.
However, unlike the U.S. land of this case, the registration of the Act on Special Measures for the Registration, etc. of Transfer of General Farmland Ownership was completed on June 30, 1965 on the land of this case under the sole name of Y.
In addition, the transfer registration of ownership was completed on June 24, 2008 on the land of this case due to inheritance.
5) On May 29, 2015, the Defendant sold the instant land to a third party in KRW 110,000,000. Accordingly, the Defendant is liable to compensate the Plaintiff for damages in KRW 110,000 or for return of unjust enrichment depending on the impossibility of performance of the claim based on real rights.
B. Defendant’s assertion 1) The Plaintiff, as its representative C et al., formed a lawsuit of this case by gathering his/her representative and selecting his/her representative as his/her representative. 2) Even if the capacity of a clan is recognized, a clan’s general meeting for the lawsuit of this case’s case’s proceeding without notifying all of the clan members, such as female clan members, is not effective.