1. The instant lawsuit shall be dismissed.

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

1. The fact that the plaintiff is the premise of the dispute is a clan that consists of his descendants, who is the 20-year-old E's 20-year-old member of the D Si.

On April 25, 1983, the ownership transfer registration was completed in the name of Defendant C on April 25, 1983 with respect to the area of 8,090 square meters wide (hereinafter “the instant forest”) in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and the Defendant C shared 1/2 shares each on July 4, 2001.

After the deceased on June 2006, the registration of ownership transfer was completed on September 29, 2009 with respect to the one-half shares owned by the deceased on the part of the deceased on June 29, 2006.

After that, the forest land of this case was included in the I’s project site, and Defendant B received KRW 118,343,670 as land expropriation compensation, and Defendant C received KRW 106,426,970 as well as KRW 106,426,970.

[Ground of recognition] Facts without dispute, Gap evidence 1-5, Gap evidence 2-2, the purport of the whole pleadings

2. Judgment on the main defense of this case

A. As to the instant lawsuit claiming the return of compensation for land expropriation against the Defendants, the gist of the defense is that the Plaintiff filed a title trust with the clan H and Defendant C regarding the forest of this case, the Defendants asserted that the instant lawsuit was unlawful, which was brought without the resolution of the Plaintiff’s legitimate clan general meeting.

B. Determination 1) In a case where a non-corporate group files a lawsuit concerning property jointly owned by collective ownership, it shall undergo a resolution at a general meeting of members, barring special circumstances, such as that there is any other provision in the articles of incorporation. Thus, a lawsuit filed by a non-corporate group in its name without such resolution is unlawful as it lacks the requirements for litigation (see, e.g., Supreme Court Decision 2010Da97044, Jul. 28, 201). In order to hold a clan general meeting, the convening authority shall individually give notice to the members of the clans who are able to give notice by determining the scope of the members of the clans subject to notification by fulfilling their reasonable efforts and identifying the whereabouts of the members of the clans and