통장인도
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Determination on the defense prior to the merits
A. The gist of the defendant's defense is that the lawsuit of this case is unlawful, since the plaintiff did not have the substance of a clan as a private organization organized by C as its representative.
A is a clan that has D as a joint ancestor and is comprised of the descendants of E who are South Korea and son F, and is another clan that has been established around November 7, 1970 and has maintained its substance up to now, and the defendant has been appointed as the chairperson of the true A on January 30, 2004 and has been in office until now.
B. The relevant legal principles of clan 1 are established by his/her descendants at the same time as the death of his/her provision, and there is no limitation on the number of the clans.
Supreme Court Decision 94Da1772 Decided November 11, 1994, 2010Da1166 Decided April 29, 2010, which does not require any special organization to be established. A clan does not require any special organization for its establishment. However, there are cases where the regulations are established in order to regulate the protection of graves, the religious sponsing and the friendship among the members of the common vessel, and it is only necessary to appoint a representative when external activities are performed, and it does not necessarily require a special name and the organization is established, such as the use of a special name and the written clan rules, or the appointment of the representative of a clan.
In accordance with the Supreme Court Decision 96Da25715 delivered on November 14, 1997, there may be a small number of clans according to whom they belong, so in determining a clan and grasping its substance, it is the most important standard for who is the joint ancestor of the clans.
Supreme Court Decision 95Da44986 Decided February 28, 1997, and Decision 2009Da101251 Decided May 13, 2010 shall be determined by comprehensively taking into account the purpose of a clan, the circumstances leading up to its establishment and organization, the scope of and qualifications for its members, and the contents of the clan regulations.
Supreme Court Decision 99 delivered on September 1, 1995