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(영문) 부산고등법원(창원) 2016.04.21 2015나1898
회원지위확인
Text

1. The part of the judgment of the first instance against the plaintiff BC is revoked, and the plaintiff BC's claim is dismissed.

2. The defendant.

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows: (a) addition to the description under section 2 to section 5 of the judgment of the court of first instance, and deletion of the description between section 8, section 6, and section 8 is the same as the part of the reasoning of the judgment of the court of first instance; (b) therefore, it is acceptable in accordance with Article 420 of the Civil Procedure Act.

2. Furthermore, we examine what criteria are included in the members of the defendant clan among the descendants of G and H, and whether all the plaintiffs are included in the members of the defendant clan in accordance with such criteria.

A non-corporate group similar to a clan does not necessarily be established as an organization only when opening a general meeting to establish a sexual culture and establishing a system of regularly organized organizations. If a non-corporate group has continuously formed a common property and continuously performed social activities centered on persons leading the work to achieve the common purpose, it shall be deemed that there exists an entity as an organization from that time.

(See Supreme Court Decision 94Da56401 delivered on March 12, 1996, etc.). The defendant clan is not an organization established pursuant to the above resolution and rules, but an organization established prior to this time, and it is not determined by the defendant clan's member according to the contents of the above regulations and the registered clan name. The defendant clan is not a organization established pursuant to the above regulations but a member of the defendant clan in accordance with the name of the registered clan, in the process that the descendants of the defendant clan were boomed and moved up for C as a body similar to the clan of this case and carried out the religious services every year. In order to register the ownership of the property under the name of the descendants, some of the members of the defendant clan made a resolution to establish the rules for the registration of ownership in the name of the clan, and completed the registration of ownership transfer.

In addition, A 1 to 8, 10 to 10.

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