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(영문) 대전지방법원논산지원 2016.06.29 2015가합2317

종중원지위부존재 확인

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion that the member of the defendant C is not registered in the "B family register" of the defendant clan, and the defendant C is not a member of the defendant clan. Thus, the defendant C cannot be a member of the defendant clan.

2. Determination

A. Whether a member of the clan is a member of the clan shall comply with the records of the clan, except in extenuating circumstances, but as long as some members of the clan are likely to be omitted in the course of preparing the clan, it is reasonable to determine the membership of the clan in light of empirical rules, unless there are other circumstances to recognize that a member of the clan is not a member of the clan, such as attending the clan system, clan, etc., even though he/she is not registered in the clan.

B. The facts of recognition (1) The defendant clan is a clan that consists of his descendants, who is the five descendants of the 24-year-old damage of the EC. F. The five descendants of the 24-year-old damage of the EC.

Defendant C’s division is H, Section I, Section I, Section J, and Section D, Section D.

(2) The satisfaction compensation of B, K, L is simple, L L is written as K’s adopted.

Although the relationship between D and D is not clearly identified on the certified transcript of the family register, both D and L children are the same as J, and D’s children were born in the family register in the short-term 4215. This Court case No. 2003Gadan830 (the case where the Plaintiff’s representative organization claims that it is the true clan that it was the representative of G and that it was the representative of G, and that it was born in the family register in the year of 1882 (short-term 4215) for the real estate held in title by Defendant C et al. submitted by the Plaintiff, even in the family register submitted by Defendant C et al. (the case where the title trust was terminated and the ownership transfer registration procedure was implemented).

On the other hand, there is a person who is omitted from the satisfaction table of BP among those who the plaintiff recognizes as the descendants of B.

(3) A member of Defendant C, who is a member of Defendant C, managed part of the graves of the Defendant clan, and I and the father H of Defendant C, shall attend the Defendant clan meeting.