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(영문) 광주지방법원 2015.05.27 2014가단518728
공탁금수령청구권 확인의 소
Text

1. The defendant confirms that the right to claim for payment of deposit money stated in the attached Form is the plaintiff.

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

Reasons

1. Judgment on the main defense of this case

A. The defendant's defense does not have the substance of a clan, and even if the substance of a clan is recognized, it cannot be recognized that the plaintiff lawfully convened a general assembly and passed a resolution on the filing of the lawsuit of this case. Thus, the lawsuit of this case is unlawful.

B. Determination 1) A clan is a naturally created group of the clans originally composed of descendants of the common ancestor, which is established by their descendants at the same time as the death of the clan, and does not require any special organization for its establishment: Provided, That there is a case where the rules are set forth in order to regulate the activities for the protection of graves, the promotion of religious services, and the promotion of friendship among the members of the common ancestor, and there is only a need to designate a representative, and it does not necessarily require the use of a specific name and a written clan rules, or the representative of the clan has been continuously appointed, and any clan shall be determined by its substantive contents, including the name of the clan 1, the scope of descendants who are the members of the common ancestor, and the status of graves management (see, e.g., Supreme Court Decision 2010Da8389, Jul. 28, 2011; 1) to 31, 31, 195 or more of the members of the clans from around 1, 2010 to 319.

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