beta
(영문) 서울고등법원 2015.09.17 2015나15872

종원지위확인 및 지분반환

Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic facts (not in dispute) are clans comprised of descendants of L' 20 years of age (name M, hereinafter referred to as "N" and hereinafter referred to as "N") with a mid-term set of N(names entered in public register).

N had their children P, Q, R, and S.

S was adopted by the adoption of the PO (name T) of the accommodation.

The plaintiffs are the descendants of S.

Although the plaintiffs' assertion S was adopted as the adopted child of N, it is a family member of the defendant, who is a member of N, since there is no change in N's friendship, the plaintiffs who are descendants of the above S are the members of the defendant who is a clan of N.

However, since the defendant did not recognize the status of the plaintiffs' assistant status, it is sought to confirm the status of the plaintiffs' assistant status.

Judgment

The original clan is a naturally created clan organization which is formed for the purpose of protecting the graves of the common ancestor and promoting friendship among descendants, and is naturally established by its descendants at the same time as the death of the common ancestor, and it does not require any organization for its establishment. Thus, in light of the purpose of the common ancestor system and the purpose of the common system of the former common ancestor system, the persons and their descendants who moved to another clan cannot become a member of the clan naturally formed by the common ancestor of their natives.

(See Supreme Court Decision 91Da28566 delivered on April 14, 1992). According to the above legal principle, the defendant's assistance to the adoption of the plaintiffs' father or (Evidence) S, who is a father of the family, is not a senior member of the defendant who is a joint group of N, who is a father of the family, by the adoption of the plaintiffs' father or (Evidence) to the O and transferred to another family.

Therefore, the plaintiffs' assertion against this is without merit.

In conclusion, the plaintiffs' claim should be dismissed as it is without merit. The conclusion is legitimate in the judgment of the first instance, and the plaintiffs' appeal is dismissed. It is so decided as per Disposition.