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(영문) 의정부지방법원 2018.10.19 2018가합50000

종중원지위 부존재확인

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1. Of the instant lawsuit, the part concerning Defendant I’s claim for the non-existence of a clan membership and the non-existence of a status as a successor by J.

Reasons

1. Basic facts

A. Defendant H's clan (hereinafter "Defendant H clan") is a clan that is composed of KC 9 years old descendants and Jung-si.

B. The defendant I is one of six clans below the defendant clan and is the vice-chairperson of the defendant clan in accordance with the articles of incorporation of the defendant clan, consisting of descendants of 11 years old L.

C. The articles of association (laws) of the defendant clan with respect to the instant case are as follows:

Article 4(1) Members of this Sub-Council shall be the self-loss of KS 9 years of age J. J. (2) Persons registered in or recorded in the G.C. D. D. shall be proved by a family relation certificate, etc.

3) The time when registration is recognized in an abnormal manner after being registered in a family satisfaction compensation is deprived of membership. This end of Article 5 provides that six kinds of cattle and the following officers shall be appointed: (i) six vice-chairpersons (N Chairperson, O Chairperson, P Chairperson, Q Chairperson, R Chairperson, R Chairperson, and M Chairperson) shall be ex officio by the chairperson of each class. [In the absence of any dispute over recognition, Gap evidence No. 1, Eul evidence No. 4, and the purport of the whole pleadings, the whole purport of arguments and arguments.

2. Determination as to the claim

A. The plaintiffs' arguments are the clan members of the defendant clan.

Defendant I assumes that he is the member of the clan of the Defendant, asserting that he is the 9-years J, 10-years S, 11-years L and the 14-years damage and the 14-years damage.

However, according to the KC Doz U published in 1918, KC 13 years old Doz. V did not have only 14 years old Doz. and T did not exist.

Defendant I and T’s descendants, as well as Defendant I, indicated that T’s descendants were born in 14 years of age before Y0, 1454, the 1998 Xmar’s 14 years of age, the 12-year-old descendants, and that T’s descendants were born in 1454, the 12-year-old descendants. As such, Defendant I is not the descendants of Defendant I and the 9-year-old descendants’ descendants.

Nevertheless, Defendant I asserts that he is currently the descendants of Defendant clan and the descendants of 9 years old-age J.