[토지인도등][집14(3)민,301]
Cases where it cannot be deemed that the clan is a legitimate representative;
Where there is no special rules on the election of the clan representative, the head of the family shall convene a meeting of the male who is the adult of the clan and shall undergo a resolution of a majority of the members present.
Article 48 of the Civil Procedure Act
Maternal crypists
Defendant
Seoul High Court Decision 65Na1811 delivered on June 29, 1966
The appeal is dismissed.
The costs of appeal shall be borne by the plaintiff.
As the plaintiff asserts, the court below rejected the plaintiff's lawsuit on the part of the non-party, who refers to the representative of the plaintiff's clan, who is 30 or more persons of the non-party who are the non-party who is the representative of the plaintiff's clan, in the case of this case where the head of the family does not have any special clan rules in selecting the representative of the clan, notwithstanding the fact that the head of the family convenes the male who is the adult members of the clan and goes through a majority resolution of the members present, and the non-party's filing of the lawsuit with the non-party who is the representative of the plaintiff's clan after obtaining the consent of 50,000 members of the clan did not lawfully represent the plaintiff's clan and there is no
Therefore, the plaintiff's appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.
Supreme Court Judge Na-Jap (Presiding Judge) Do-dong and Kimchi-bre