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(영문) 수원지방법원 2019.04.24 2018가합21572
종중원지위부존재확인
Text

1. We confirm that the Defendants are not members of the Plaintiff’s clan.

2. The costs of lawsuit are assessed against the Defendants.

Reasons

Basic Facts

The plaintiff is a clan comprised of adult male and female descendants of DC No. 15 years old.

The 26-year-old F, who was a descendants of E, was adopted by G and moved to the Plaintiff clan, and the Defendants are descendants of F.

【In the absence of dispute over the grounds for recognition, Gap’s evidence Nos. 1 through 5, and the defendants’ status of the defendants to determine the purport of the whole pleadings is a naturally created family organization formed for the purpose of protecting the graves of the common ancestor, conducting religious services, and promoting friendship among descendants, and is naturally established by their descendants at the same time as the death of the common ancestor. Thus, there cannot be a clan consisting solely of residents in a specific region or persons within a specific scope among the descendants of the common ancestor, and a clan cannot be viewed as a member of the clan naturally created by its own descendants, and a person who goes to another family in light of the purpose of the common ancestor system and the purpose of the common ancestor system cannot be a member of the clan formed naturally by the group of the relatives of the common ancestor.

(See Supreme Court Decision 9Da14228 delivered on August 24, 1999, etc.). In light of the above legal principles, the fact that the health belt and the DC No. 26 years of age was going out by the F is as seen earlier, and the F lost its status as a member of the Plaintiff clan, and therefore, the Defendants, who are descendants thereafter, cannot become the members of the Plaintiff clan.

The defendants' assertion against the defendants asserted that around January 2007, according to the agreement between the chairperson of the plaintiff clan and the chairperson of the H clan, the defendants were registered as members of the clan even in the clan from among the plaintiff's clans issued on April 2010, and the defendants were actively engaged in their activities as members of the plaintiff clan. Therefore, the defendants asserted that they are members of the plaintiff clan.

In addition to the above evidence and the statement of Gap evidence No. 6, the plaintiff clan is not a "a similar organization in the clan", which is a private voluntary organization formed through an artificial organization by a part of the descendants of the common ancestor, but a descendants of the common ancestor.

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