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(영문) 광주고등법원 2020.11.11 2020나22451
종중지위확인
Text

All appeals by the plaintiffs are dismissed.

The costs of appeal are assessed against the plaintiffs.

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

Reasons

Basic Facts

The defendant clan is a clan consisting of L's descendants.

Y, which is the middle group of Wmp clans, Y was placed in the middle group of Z and AA, and L was in the middle group of Z, and L was in the south M, 2 South N, 3 South N, 3 SouthO, and 4 South P.

L 3 SouthO was adopted by Q Q, which had no descendants from AA, and O and their descendants succeeded to Q Q.

The plaintiffs are the members of the clan of "Rina" comprised of the descendants of L 3 South Korea.

The descendants of L, South-Nam M, UP, and 4 South-North P, respectively, constituted the so-called 'Smph' (Tmph), 'Umph', and 'Vmph' respectively.

Around October 25, 1986, the Defendant enacted the Kmph Emphar Rules (hereinafter “the instant Rules”). The Defendant’s representative, while excluding the “RP” to which the Plaintiffs belong, shall be comprised of only the members affiliated with the “SP”, “UP”, and “VP”.

[Based on the recognition] The non-contentious facts, Gap evidence Nos. 1, 2, 3, and 5 (including the branch numbers; hereinafter the same shall apply), and the plaintiffs' assertion to the purport of the whole pleadings, fall under the members of the defendant clan for the following reasons, and seek confirmation of the status of clan members against the defendant disputing this.

The past custom or customary law that no one who has come to another family and his descendants do not belong to a clan that is the joint creation of a father's mother, is justifiable and rational because it is not consistent with the overall legal order, and thus it cannot be said that it has more effectiveness.

Therefore, even if the plaintiffs' O's ships moved to QA, the plaintiffs, the descendants of theO, should be regarded as the members of the defendant clan, which is the defendant's father and the father of theO.

Ultimately, the provision of this case that excludes the plaintiffs from the defendant clan is null and void.

The plaintiffs are descendants of the same-sex clans who are not other persons using the same-sexs, and have been participating in the trial system of the defendant clans which are the birth families, and up to now the defendant.

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