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(영문) 서울중앙지방법원 2015.09.10 2014가합4977

부당이득금 반환

Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are assessed against L who is represented by the plaintiff.

Reasons

1. Determination of party capacity

A. Since a clan is a naturally created clan organization aimed at the protection of the graves of the common ancestor and the friendship among its members, it does not require a special organization, but it can be the only part of the clan according to whose members it comes to be a common ancestor, therefore, in identifying a specific clan and its substance, it shall be the most important criteria for whom the common ancestor of the clan is to be the common ancestor, and the clan that differs from the common ancestor shall be the clan with a separate entity that differs from its members.

(See Supreme Court Decisions 2002Da4863, Oct. 25, 2007; 2006Da14165, Oct. 25, 2007; 2006Da14165, Oct. 25, 2007). Meanwhile, a clan is a naturally occurring group of a clan that consists of adult male and female members among the descendants of a common ancestor, and is formed by descendants at the same time as the death of the ancestor and does not require a special organizational act for its establishment. However, it is not necessary to establish a special organization. However, only if it has a specific organization independent of its members to the extent represented by a representative elected in accordance with the rules or customs, its organization is recognized as an unincorporated association provided for in Article 52 of the Civil Procedure Act.

(Supreme Court Decision 93Da27703 delivered on September 30, 1994). B.

In full view of the following circumstances, it is difficult to recognize that the Plaintiff has the substance of a clan unique to its own meaning, and there is no other evidence to acknowledge it. In full view of the following circumstances, it is difficult to acknowledge that the Plaintiff has the substance of a clan unique to its own meaning, and there is no other evidence to acknowledge it.

1) The Plaintiff’s bylaws (No. 7, hereinafter “instant bylaws”) of the Plaintiff clan.

B. The above rules provide that "the enactment of January 1, 1995, the enactment of October 17, 2005, and the amendment of May 8, 2010," and the title of this Code in the annex "the title": the registration number for type O/B for real estate registration.