(영문) 의정부지방법원고양지원 2013.11.06 2012가합5384

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(영문) 의정부지방법원고양지원 2013.11.06 2012가합5384

부당이득금반환

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1. The instant lawsuit shall be dismissed.

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

Reasons

1. The branch of " Qu clan," which is the 16-year old-old P of the gist of the plaintiff clan's assertion, made the 17-year-old R of P as a joint ancestor, under the title trust of each real estate indicated in the attached list to its descendants. On January 8, 2012, the plaintiff clan decided to terminate the above title trust agreement at the general meeting of the plaintiff clans.

Plaintiff

A clan shall terminate the title trust agreement through the service of a duplicate of the complaint of this case, and obtain the registration of ownership transfer based on the restoration of authentic names from the Defendants. However, since each of the above real estate was accepted in the Republic of Korea (Ministry of National Defense) and the procedure for the registration of ownership transfer was impossible to implement, the clan, the title trustee, and his heir, seek restitution of unjust enrichment for the expropriation compensation received by the Defendants or deposited as a depositee.

2. We examine, ex officio, whether the instant lawsuit is lawful or not, ex officio, as to the determination on the legitimacy of the instant lawsuit.

A. The representative of a clan of the relevant legal principles shall be appointed according to the rules or practices of the clan, and if not, the head of the clan or the head of the door shall convene the members of the clan and persons of full age or age, and shall be elected by the majority of the members present. It shall be general customs to notify the members of the clan whose time is the highest and the age of the members of the clan who are not the head of the clan nor the head of the clan, and who are living there is no rules or practices regarding the appointment of the head of the clan, and who are obviously residing in the Republic of Korea and who shall convene a clan general meeting and appoint the representative of the clan at the meeting (see, e.g., Supreme Court Decision 2009Da26596, Dec. 9, 2010). In order for a non-corporate clan to file a lawsuit in its name, it shall undergo a resolution of the general meeting, and the lawsuit brought by the representative of the clan in the name of the clan without the resolution of the general meeting.

참조판례

-대법원 2010. 12. 9. 선고 2009다26596 판결

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