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1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. The defendant clan is a set of the clan C, 18 years old D, and is a clan consisting of descendants who jointly set up the 21 years old son F, which is the 21 years old son F.
B. CC 10 years old G was 11 years old and 11 years old and 1 years old and 22 years old and 23 years old and 23 years old and 1 years old and 22 years old and 23 years old and 1 years old and 23 years old and 20 years old and 1 years old and 20 years old and 20 years old and 20 years old were adopted by J
The plaintiffs are descendants of K.K.
C. The establishment of the defendant clan, which is the chairperson L of the representative and the name of the family council on February 11, 1994, was established, the clan rules were prepared, and the clan activities such as the management of the clan property were systemized. According to Article 4 of the clan rules, the qualification of the members of the clan is determined as the "BCF descendants".
On August 19, 2013, Defendant clan sold 7669.7 square meters (hereinafter “instant land”) out of 45,352 square meters in Daegu-gun, Daegu-gun, which was owned by the Defendant clan, to 5,817,553,360 square meters in price, and decided on January 26, 2014 to distribute the said purchase price to the members of the clan who are 19 years of age or older, each of the said KRW 10 million at the clan general meeting held on January 26, 2014.
[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 3 (including each number; hereinafter the same shall apply), 7, 11, Eul evidence Nos. 1 through 4, 6 through 8, the fact inquiry into the military court of the first instance, the result of the party inquiry into plaintiff N in the court of the first instance, the purport of the whole pleadings.
2. The plaintiff's assertion
A. The past customary law that does not belong to a clan that is composed of the members of a clan who moved to another family and their descendants, is inconsistent with the overall legal order of our country, and thus has lost its validity as a legal norm, and since a clan is a naturally created family group composed of members for the purpose of protecting the graves of a common ancestor, conducting religious services, and promoting friendship among the members, it is a person who moved to another clan in light of the purpose and essence of the clan.