(영문) 서울동부지방법원 2019.01.16 2018나23317

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울동부지방법원 2019.01.16 2018나23317

기타(금전)

Text

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. The reasons for the entry of this case by the court of first instance concerning this case are as follows: (a) the “Defendant’s species 9” of the third party judgment of the first instance shall be deemed to be “Defendant’s clan”; (b) the “Defendant’s species” of the 18th party shall be deemed to be “Defendant’s clan”; and (c) the portion of the 4 to 8th party judgment shall be deemed to be as indicated in the first instance judgment in addition to the use of the 16th party portion as indicated in the following paragraph (2). Therefore, this shall be

2. In light of the following circumstances acknowledged by comprehensively considering the overall purport of the pleadings in each statement of the health belt, the recognition of the front line in light of the above legal principles and the evidence Nos. 3 through 5 (including each number; hereinafter the same shall apply), the plaintiffs seems to separately establish the "W family", which is the descendants of K 21 years of age from March 201, which is the descendants of K, and the "V". The "W family" has filed a lawsuit against the defendant clan on the premise that it is different from the defendant clans itself and the defendant clans. At that time, it is insufficient to view that the judgment of the defendant clans Gap, B, and C was not a member of the defendant clans, and thus, they want to leave the defendant clans because they were not members of the defendant clans, and thus, they were not members of the defendant clans to withdraw from the defendant clans by means of the document evidence of contents No. 17, Aug. 17, 2011.

Therefore, the plaintiffs, who are the children of "M" and the descendants of "P", who are the natives of "N", cannot obtain the qualification for the clan members of the defendant clan. Accordingly, the plaintiffs' above assertion based on this premise is without merit without further review.

As to this, the plaintiffs paid the shares to some of the descendants of the defendant clan.

참조조문

-민사소송법 제420조

유사 판례

-대전지방법원논산지원 2014.09.24 2013가합27

-대법원 2002. 6. 28. 선고 2001다5296 판결

-의정부지방법원 2016.07.15 2015나51600

-서울고등법원 2015.09.11 2014나2045742

-대법원 1996. 8. 23. 선고 96다12566 판결