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(영문) 대전고등법원 2017.11.14 2017나12491
종중원지위확인
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The court's explanation on this part of the basic facts is based on the reasoning of the judgment of the court of first instance, as stated in paragraph (1) of the same Article.

2. The parties' assertion

A. The plaintiff's assertion 1) The defendant's clan is the unique meaning of the defendant's clan set up in C29 years old, and the plaintiff is the member of the defendant's clan because it is 32 years old as the plaintiff's descendants. 2) Even if the defendant's clan falls under a similar organization of the defendant's clan, the defendant's clan rules stipulate that "the descendants after D naturally become the member." Thus, the plaintiff becomes the member of the defendant's Chinese clan in accordance with the

B. Defendant’s assertion 1) The Defendant’s clan is not a unique clan, but a clan similar organization established on February 1, 1994, which is not a member of D’s descendants, and is established on February 1, 1994, and is not a member of the Defendant’s clan. Although the Defendant’s clan rules provide that “the descendants after D naturally become a member,” the Plaintiff cannot be deemed a member of the Defendant’s clan, regardless of the intent of the members who made the organization and the rules, regardless of the intention of the members who made the organization and the rules, and the Plaintiff cannot be deemed a member of the Defendant’s clan as a matter of course, and the Plaintiff did not have joined the Defendant’s clan

3. Determination

A. The reason why the court should explain this part of whether the defendant constitutes a clan unique to its own meaning is as follows. If the part of the 6th to 18th to 7th as follows is excluded from the part of the 5th to 7th as follows, it is identical to the 5th 9th 7th 2 of the grounds of the judgment of the first instance. Thus, this part is cited pursuant to the main sentence of Article 420 of the

In full view of the fact that the claims of the plaintiff et al. were dismissed, since the defendant clan is a private voluntary organization established through the artificial organization of J and their children, this part of the plaintiff's clan is premised on the fact that the defendant clan is a clan with its own meaning.

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