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The judgment of the court below is reversed, and the case is remanded to the Seoul Western District Court Panel Division.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. In a case where the issue of title trust on a certain parcel of land between a clan and a clan member is disputed, if it is proved that there has been a clan with an organic organization at the time when the registration of the titleholder was completed in the future, and further, the process or content of the land which became owned by the clans is proved directly, and if several registered titleholders have proved, the relationship between the registered titleholders and the clans, the relationship between them, the circumstances registered in the future, the situation of the establishment of the clans centering on the Si, the number of graves and the clans, the size and management status of the land, the receipt and disbursement of the proceeds of the land, the payment of taxes and public charges for the land, the payment of the registration certificate, and the possession of the registration certificate, etc., if sufficient data exists to regard that the land is owned by the registered titleholders, it
(See Supreme Court Decision 9Da11397 delivered on July 6, 2000, etc.). 2. Review of the lower judgment and the record reveals the following circumstances. A.
The plaintiff is a clan AD, a 17-year-old damage of ACJ Q, and whose members are adult men and women among descendants.
Each land of this case is located in the vicinity of Gyeonggi-gun CW, where a grave of AD is located.
The land No. 1 of this case is owned by the five co-owners of AE, AF, AH, AH, AG, and AJ on November 16, 1929. The land No. 2 of this case is owned by five persons of AI, AF, AH, AH, AG, and AJ on November 29, 1927. The land No. 3 of this case was completed on April 5, 1930 by four co-ownership of AE, AF, AH, and AG on April 5, 1930.
B. The above AI, AE, AF, AH, and AG are all the plaintiff's clan members.
The AJ is a 3 South AL of AD as a son of AD, but the AJ is a son of AD, the above AL is a 4th degree between AD and 4.