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(영문) 수원지방법원 2018.11.09 2017가합13994
토지보상금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff clan brought the lawsuit of this case under the name of "K," which is the descendants of "K," but the plaintiff clan held an extraordinary general meeting and submitted an application for correction of the indication of the party on September 17, 2018 while changing the name of the clan. Even if the name of the clan is changed, it is only permissible to correct the indication of the party if it appears that the clan and the common ancestor before the change are identical and actually the same organization (see, e.g., Supreme Court Decision 98Da5072, Apr. 13, 199). The plaintiff clan is merely allowed to correct the indication of the party, if "K is accompanied by the descendants of "K" as a common ancestor, and it is merely the same organization as that of the previous clan, which is substantially the same as that of the previous clan, and only changes its name.

In October of each year, the clans have the rules and representatives of the clans, manage the seedlings of the clans established in the plaintiff's tomb, and the members of the clans are gathered on the first Sundays of October every year.

B. The forest survey document prepared under the Forestry Investigation Ordinance enacted in 1918 states that L-si L-si L-si L-si L-si L-si L-si L-si L-si L-si L-si L-si L (M, JP 16 years old N’s capital loss, N’s capital loss, and N’s capital loss hereinafter “P”) was the owner, and state that R (R and JP 16 years old N’s capital loss as the Plaintiff’s family clan’s capital loss) and M were jointly the owner.

Since then, the forest land of this case was owned by the deceased S through inheritance from R, but has yet to be registered, the forest land of this case is solely owned by Suwon District Court under the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094, Act No. 3094, Act No. 3462, Mar. 2, 1981).

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