A clan member is occupying part of the clan land - can we get it back?

Hello. This is an inheritance-specialized attorney from Daeryun Law Firm.

If a clan member is exclusively occupying clan-owned land, in principle, the clan can claim its return from that clan member.

This is because legally, clan property takes the form of collective ownership where all clan members own it as a collective body.

Since this is not a private property of a specific individual, exclusively occupying and using it without legitimate clan general assembly resolution or use permission is an unauthorized act under the Civil Act, causing legal problems.

First, if the registered title is in the name of the clan, the land is presumed to be clan collective property.

In this case, the clan can file a land delivery claim and injunction prohibiting transfer of possession lawsuit against the occupant as a claim for removal of obstruction based on ownership.

In particular, if the land use is field/paddy or commercial, etc., and rental income or agricultural product income has been generated, this should be attributed to the entire clan's benefit, so unjust enrichment return claims can be made to demand profit settlement.

However, if the occupation has continued for a long time, there are cases where the occupant claims acquisitive prescription.

Therefore, comprehensive review is needed on when the occupation began, whether there was implicit consent of the clan, and whether there was a clan general assembly resolution.

The inheritance-specialized attorney can comprehensively analyze the clan rules, whether there was a general assembly resolution, registration relationships, and the circumstances of occupation to clarify the legal status of the clan land and systematically review the possibility of return claims and profit settlement.

In addition, by checking in advance whether the occupant claims acquisitive prescription and preparing a response strategy, we provide assistance to resolve clan land disputes more stably.