beta
(영문) 대전지방법원 2018.05.10 2017가합104044

종원지위부존재확인 청구의 소

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Facts of recognition

Plaintiff

A clans A (hereinafter referred to as "Plaintiff 1 clan") are the clans that make D's 19-year-old clans, and Plaintiff 2 (hereinafter referred to as "Plaintiff 2 clans") is the clans that make D's 20-year-old clans F.

Plaintiff

1. At the 1 clan (issuance in 2006) and the Hamm that set up D 10 years old G, the upper clan of the plaintiffs' clan, as the member of K, I is written as the member of J's member who is the 31 year old descendant of D in 2004.

The defendant is written as D's 37 years of age and I's 5 years of age on the 1 clans and the Hamm Pol.

[Grounds for recognition] The facts without dispute, Gap's evidence, Gap's evidence, Eul's evidence, the whole purport of arguments and arguments by the parties concerned, which are argued by plaintiff 1's plaintiff 1 clan, include the names of the birth and the birth of the plaintiff 1 clan, while the defendant 5 members of the defendant's family are not stated with the date of birth and the names of the birth of the birth of the plaintiff 1 clan, the plaintiff 5 members of the defendant's clan are not stated with the first birth date and the names of the birth of the birth of the plaintiff 1's family clan, and the plaintiff 1's family members of the defendant's clan are not stated with the first birth date and the names of the birth of the birth of the plaintiff 1. The plaintiff 1's family members of the plaintiff 1 were not stated with the first birth of the plaintiff 1.

피고의 5대조인 I는 D의 후손이 아님에도 구한말 성행하였던 간장(間張 : 남의 족보 조상 밑에 자신의 이름을 끼워 넣는 행위), 투탁(投託 : 남의 절가된 족보에 자신을 후손으로 만드는 행위), 구보불록(舊譜不錄 : 붙이기 행위)을 통해서 J의 계자로 사실과 다르게 기재된 것이므로 I의 5세손인 피고는 원고들 종중의 종원 자격이 없다.

Even if there is some doubt about the defendant's argument, the defendant is the descendants of the plaintiffs' clan as the descendants of D.

Judgment

The clans concerned are descendants of the common ancestor.