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(영문) 의정부지방법원고양지원 2015.04.29 2014가합6480
종원지위확인 및 지분반환
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiffs' assertion that the defendant made L's 20 years old-old M as L's 20 years old-old damage grouped of his descendants, M had N,O as his child, and the above N had P, Q, R, and S as his child.

The plaintiffs are the descendants of the above S, but the defendant is arguinging their status as the clan members, so they seek confirmation of their status as the defendant clan members.

2. Determination 1) A clan is a naturally created clan organization formed for the purpose of protecting the graves of the common ancestor and promoting friendship among descendants, and is naturally established by its descendants at the same time as the death of the clan, and it does not require any organization for its establishment. In light of the purpose of the common ancestor system and the purpose of the common ancestor system, a clan going to other family and its descendants cannot become a member of the clan naturally formed by using their common ancestor group as the common ancestor group (see, e.g., Supreme Court Decision 91Da28566, Apr. 14, 192). Accordingly, according to the above legal principles, since the defendant's health stand in this case, pursuant to the defendant's 20-year-old M& who is a 20-year-old descendant, M is a child, P, Q, and M is no longer necessary for the defendant's children to be his or her children or his or her descendants to be his or her descendants, and the defendant's assertion that the two parties's children and their descendants were his or their descendants did not have become a dispute after his or their adoption.

3. In conclusion, the plaintiffs' claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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