소유권이전등기
The judgment of the court below is reversed, and the case is remanded to the District Court Panel Division.
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. The unique meaning of a clan is a naturally formed family association composed of naturally created members of a clan consisting of adult male who is among the descendants of a common ancestor, without requiring special organizations for its establishment. Whether it falls under its unique meaning of a clan shall be determined by comprehensively taking into account the purpose of the clan, the formation and establishment of the clan, the circumstances of the organization, the scope of and qualifications for its members, and the contents of the rules of the clan;
(See Supreme Court Decision 2001Da5296 delivered on June 28, 2002, etc.). Further, an organization consisting only of some members of a clan who reside in a specific area is merely a similar organization of a clan and cannot be a clan of the meaning of intention (see, e.g., Supreme Court Decision 2002Da4863 delivered on May 10, 2002). The clan rules that limit or expand the qualification of some members of a clan when preparing the articles of association, etc. after the unique meaning of a clan has naturally created, are null and void against the essence of a clan, and the clan rules that limit or expand arbitrarily the qualification of some members of a clan when preparing the articles of association, etc. after the unique meaning of a clan has naturally created, are null and void against the essence of a clan, and the clan rules that limit or expand arbitrarily
(2) On September 2, 1992, the court below held that "the clan is a clan A" as stated in its reasoning. (1) On August 30, 1979, the court below held that the clan was enacted by the plaintiff around January 30, 1979 and "the clan A" refers to the clan A.
(1) The purpose of this clan is to promote the friendship among the clans and to contribute to the preservation and management of the graves, siblings, and religious services of the clans residing in the area of Socheon-do, which are after the aftermath of AC and to the preservation and management of their relics and their relics and the property of the clans.
(Article 2) In the case of the clan, this clan is after the AC dissolution, which is the adult male of 20 years of age or older who has been born in the Socheon-do area.