공탁금출급청구권양도
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. The court's explanation on this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance, and thus, citing it as it is in accordance with the main sentence of Article 420 of the
2. Judgment on the main defense of this case
A. The summary of the main text of the main defense of safety is that the plaintiff is not in organization or continuous activities to a certain extent, and is not capable of being concerned with respect for the absence of a legitimate representative, as well as that of each general assembly, including the general assembly of clans dated April 30, 2017, which appointed Y as the representative, due to the lack of a notification for convening some members, and thus, the lawsuit of this case is unlawful as being brought by a non-representative.
B. The judgment on the capacity of the plaintiff clan is a naturally created clan organization formed by descendants of the common ancestor for the purpose of protecting the graves of the deceased clan, raising the clans, and promoting friendship among descendants, and is established by their descendants at the same time as the death of the deceased clan, and if the clan has been engaged in continuous activities with its organization to the extent represented by the representative elected in accordance with the rules or customs of the clan, the organization as a non-corporate clan is recognized, and the issue of whether the clan has the capacity to be a party as a non-corporate group is related to the litigation requirements and shall be determined at the time of the closing of arguments in the fact-finding court.
(See Supreme Court Decision 2009Da95387 Decided March 25, 2010). In full view of Gap evidence 2, Gap evidence 4, Gap evidence 8, Eul evidence 15, Eul evidence 16, Eul evidence 22, Eul evidence 23 (including the numbers of branch offices; hereinafter the same shall apply), witness Z of the first instance trial, Gap evidence Z of the first instance trial, the whole testimony and arguments of Gap, the plaintiff clan from around January 26, 2014 or from around April 30, 2017, the plaintiff clan elected the officers, etc. of the clan 23 descendants, the descendants of Eul, and the representative of the clan, etc. of the clan, and by enacting regulations, it is necessary to establish the rules.