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The judgment below is reversed, and the case is remanded to Busan High Court.
Reasons
The grounds of appeal are examined.
1. As to the grounds of appeal Nos. 1 through 3, a non-corporate group similar to a clan does not necessarily establish a non-corporate group only when it opens a general meeting and establishes a system of organization to organize a sexual culture, but it is not established as an organization. If a non-corporate group has formed a common property and continuously engaged in social activities centered on a person who takes the lead in the formation of a common property to achieve the common purpose, it shall be deemed that the organization has
(See Supreme Court Decision 94Da56401 delivered on March 12, 1996, etc.). In full view of the circumstances set out in its reasoning, the court below determined that: (a) the following descendants of the Bmp C were the following descendants of G, the descendants of H, and the organization similar to the clan of this case formed in the course of commemoratinging C and conducting religious services every year; (b) the members of G and H, who were the members of H, jointly managed the property similar to the clan, decided to register the transfer of ownership of the property under their personal names on January 1994; and accordingly, (c) the similar organization of the instant clan of this case was registered as the defendant's name according to the name of the defendant among the H, and therefore, (d) the similar organization of the instant clan of this case was ultimately the defendant's clan of this case.
The judgment below
In light of the above legal principles and records, the above judgment of the court below is just and acceptable. Contrary to the allegations in the grounds of appeal, it did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on the standards for the substance of clans, the scope of members of clans,
2. As to the ground of appeal No. 4, the lower court determined that the Plaintiffs were the descendants of H, who worked for a clan similar organization of this case, as the Defendant’s member.
However, the record reveals the plaintiffs.