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(영문) 서울고등법원 2017.05.12 2016나2041911

종중원지위부존재확인

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the judgment of this court for the acceptance of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except in the following cases or in addition to the determination of the plaintiff's new assertion, and therefore, it is accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act. The part used for the dismissal shall be used in parallel 2 to 8 pages 7 as follows, and 2 "2" shall be written in front of the 8th half of the judgment of the court of first instance.

In full view of the following facts and the circumstances confirmed as follows, Gap 1, 2, 3, 7, 11, 46, 48, Eul 6, 8 through 12, 17, 18, and 20, Gap 1, 2, Eul 6, 8 through 12, 17, 18, and 20 (including the serial number) and the witness testimony of the court of first instance, the plaintiff was not a clan of naturally formed nature by only descendants after the plaintiff's joint establishment, but it is reasonable to view that the plaintiff was a son of Q and S who was a son and O's son, but later was a son of P, N's later, the plaintiff did not hold an inaugural general meeting for the clan 1 with the title of O, 2,000, and the plaintiff did not hold an active meeting for the clan 2,000, but did not hold a new clan 3,000,000.

The plaintiff's inaugural general meeting was adopted by KC 26 years old AF, who is the successor of Q Q, in Q, as Q, at Q 25 years old-old AG's later hand, and T.