1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Facts of recognition

Plaintiff

All of the clans and the defendant clans are the clans of the clans that are set up in the middle of the nine-year-old descendants of E, D.

GJ established the clan on November 11, 201, and stipulated the scope of the clan members as the descendants of F as the descendants of F, and decided the scope of the fundamental property and elected officers.

Plaintiff

The clan enacted the clan on November 27, 1974 and elected executive officers, etc. from among the small clans formed by jointly setting H, who is four years of age of F, as a four-year-old member.

The defendant clan was established on January 2, 201 and elected executives, etc. from among the clans created by the I, who is five years of age or older of F, as a joint group.

The defendant clan was awarded each F, K, and I among their lineal ascendants and descendants, so its name is called "B," and the clan was called "B," and the scope of its members was set as the descendants of D C, who were adult.

[Ground of recognition] A without dispute, Gap evidence Nos. 1, 3, 7 through 9, 22 (including each number; hereinafter the same shall apply), Eul evidence Nos. 1, 2, and 3; Eul's assertion of the purport of the whole pleadings; the plaintiff's assertion of the judgment on Oct. 31, 193; and the land of which the registration of ownership transfer has been made in the name of the defendant clan on Oct. 31, 193; thus, the defendant's clan, regardless of its name, constitutes G species itself.

Therefore, the members of the plaintiff clan are the members of the defendant clan.

Judgment

살피건대, 고유한 의미의 종중은 공동선조의 후손들에 의하여 그 선조의 분묘수호와 봉제사 및 후손 상호간의 친목을 목적으로 형성되는 자연발생적인 종족단체로서 그 선조의 사망과 동시에 그 자손에 의하여 성립하는 것인바(대법원 2002. 6. 28. 선고 2001다5296 판결 등 참조), 피고 종중이 I을 중시조로 하여 성립된 종중이고, 원고 종중은 I의 삼촌뻘인 H을 중시조로 하여 성립된 종중임은 앞서 본 바와 같으므로 원고는 이 사건 소를...