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(영문) 대법원 2018.07.12 2015다31346
종중결의 등 무효
Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

The grounds of appeal are examined.

1. The unique meaning of a clan is a naturally occurring family organization formed by descendants of the common ancestor for the purpose of protecting the graves of the ancestor and promoting friendship among their descendants and is established by descendants at the same time as the death of the ancestor and therefore a clan consisting solely of residents of a specific area or persons within a specific scope among descendants shall not be a clan;

However, if it is possible to recognize the substance of an organization as an organization because only a specific resident or a person within a specific scope constitutes an organization for the protection of graves, religious services, and friendship, the organization can be recognized as an association with no capacity similar to a clan, even though it is not a clan with its own meaning.

(See Supreme Court Decision 92Da34193 delivered on May 27, 1993, etc.). Whether a clan constitutes a unique clan or an organization similar to a clan ought to be determined by comprehensively taking into account the purpose of the clan, the circumstances surrounding its establishment and organization, the scope and qualification standards of its members, and the contents of the clan regulations.

According to the reasoning of the judgment of the court below on September 15, 1995, the court below determined that the defendant is a clan similar organization consisting of only the descendants of the defendant, the J and the descendants of the 4 South and North M among the descendants who jointly set up the F, and dismissed all of the plaintiffs' claims of this case on the premise that the defendant is a clan with a unique meaning that the F is a common good.

The netF, as a PP 5 years of age, had JJ with the Government AB, 2 South K, 3 South L, 5 South N N, 4 South M and 6 South N between AC.

F was replaced with AA, and the land in the Seocho-gu, Seowon-gu, Seowon-gu, where the joint burial is located and the descendants have been managed by J.

The defendant has improved F and AA's joint burials and Z religious sites, excluding F, L, and N's f's f's f's f's f's f's f's f's f's f's f's f's f's f's f's f's f'

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