[소유권이전등기][공1993.2.1.(937),454]
(a) Requirements for establishment of a clan and persons who can become its members;
(b) The case holding that although the name of the clan or the rules of the clan recently enacted, only a specific resident or a person within the specific scope shall be included in the name of the clan, it shall not be viewed as a clan with the original meaning of the purpose of protecting graves of the common ancestor and conducting religious services, and it shall not be deemed as a clan with no other legal capacity to do so;
C. Whether a resolution of selection of the representative of a clan selected as the representative by an unqualified person as a clan member has the effect (negative)
A. A clan is a natural group of the clans that consists of the descendants of the common ancestor with the aim of protecting the graves of the common ancestor, conducting religious services, promoting friendship among the members, not relatives or women who are not relatives or the members of the clan. A clan cannot become a member of the clan, a person who goes to another family and his/her descendants shall also become a member of the clan, in light of the purpose of the religious services of the common ancestor, which is to conduct religious services, and the purpose of the common ancestor system in the past, and the common customs, the clan shall not become a member of the clan, and a clan shall naturally establish a clan with only only the residents or persons within a specific area among the descendants of the common ancestor, and if it is impossible to establish a body for the purpose of organizing a body for the protection of graves, ancestral services, and friendship among those within a specific area or within a specific scope, it cannot be viewed as the original meaning of a clan, but if it is not possible to recognize the substance of a clan as an organization, it can only be recognized as an association.
(b) The case holding that although the name of the clan or the recently established rules of the clan clan consisting only of residents in a specific area or persons within a specific scope, it should be viewed as a clan with the original meaning of the purpose of protecting graves of the common ancestor and conducting religious services, and it shall not be deemed as an unincorporated association.
C. The rules established according to the general assembly resolution granting qualification to a person who is not a member of a clan, or the resolution of the selection of a representative who is not qualified to be a member of the clan is inappropriate against the essence of the clan, and the conclusion shall not vary even if other members agreed to the resolution.
(b)Article 31 of the Civil Code, Article 48 of the Civil Procedure Act, Article 71 of the Civil Code;
A. (2) Supreme Court Decision 92Da2899 delivered on April 24, 1992 (Gong1992, 1684 delivered on September 22, 1992) (Gong1992, 294 delivered on September 22, 1992). Supreme Court Decision 81Da584 delivered on February 22, 1983 (Gong1983,580).
Attorney Kim Jong-jin, Counsel for the defendant-appellant in charge of the clan Kim Jong-chul, Counsel for the plaintiff-appellant in charge of the plaintiff-appellant Kim Jong-jin
Defendant Kim Jong-chul, Counsel for the defendant-appellant
Seoul High Court Decision 91Na38312 delivered on June 16, 1992
The judgment below is reversed and the case is remanded to Seoul High Court.
We examine the grounds of appeal.
1. According to the reasoning of the judgment below, the non-party 1's non-party 2's non-party 1's non-party 3's non-party 1's non-party 1's non-party 1's non-party 1's non-party 2's non-party 9's non-party 1's non-party 2's non-party 3's non-party 1's non-party 1's non-party 1's non-party 1's non-party 3's non-party 1's non-party 9's non-party 1's non-party 2's non-party 1's non-party 3's non-party 1's non-party 1's non-party 2's non-party 3's non-party 1's non-party 1's non-party 3's non-party 1's non-party 2's non-party 1's non-party 2's non-party 1's non-party 1'
2. A clan is a natural group of the clans that consists of the descendants of the common ancestor with the aim of protecting the graves of the common ancestor, conducting religious services and promoting friendship among the members of the clans, and either a person who is not a blood relative or a woman cannot become a member of the clans. In light of the purpose of the clan that goes to other clans and the purpose of the common ancestor system, it cannot be a member of the clan that is the religious ancestor's religious services and its descendants, and in light of the past customs, it cannot be a member of the clan that naturally establishes the common ancestor's religious services without any need for organization activities, and it is naturally established by only only a specific person among the descendants of the common ancestor, or a person within the specific area and the clans within the specific scope, and if it is impossible to establish the organization as an organization, it cannot be viewed as the original meaning of the clans, but it cannot be viewed as a member of the clans within the original meaning of the clans' right to be a member of the clans, and it seems that it is not a member of the clans within 1982.25.
However, considering the records of the non-party 1's non-party 1's non-party 1's name and non-party 1's name and non-party 1's name and non-party 1's name and non-party 1's name and non-party 1's name and non-party 1's name and non-party 1's name and non-party 1's name and non-party 1's name and non-party 1's name and non-party 6's name and non-party 1's name and non-party 1's name and non-party 1's name and non-party 1's name and non-party 1's name and non-party 1's name and non-party 1's name and non-party 1's name and non-party 1's name and non-party 1's name and non-party 1's name were non-party 1's name and non-party 1's name were non-party 1'.
If so, according to the above legal principles, the resolution of the general meeting of January 1, 1986, which was enacted in accordance with the resolution of the general meeting of the non-party 3, non-party 4, non-party 5, and non-party 7, etc. who are considered not to be a member of the plaintiff's clan as a member of the plaintiff's clan as well as non-party 3, non-party 4, non-party 5, non-party 6, etc. who is not a blood relative relationship, or the resolution of the selection of the representative of January 30, 190 who was selected as one of the representatives from among the participation of the non-party 3, non-party 3, who is not a member of the plaintiff's clan as a member of the plaintiff's clan, cannot be deemed to be unlawful against the essence of the clan, and even if other members including the defendant agreed to the resolution of the
3. Ultimately, the court below erred by misunderstanding the facts against the rules of evidence or by misapprehending the legal principles as to clans, which affected the conclusion of the judgment, which points out this error.
Therefore, the judgment below is reversed, and the case is remanded to the court below. It is so decided as per Disposition by the assent of all participating Justices.
Justices Park Jong-ho (Presiding Justice)