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(영문) 대구지방법원 2014.11.27 2013나13571
공유물분할
Text

1. The proceedings of the intervention of the independent party intervenor brought in the trial shall be dismissed;

2. All appeals filed by the Defendants.

Reasons

1. Determination on the legitimacy of an independent party's lawsuit

A. The plaintiff's assertion is unlawful since the plaintiff's assertion is not a clan with its own meaning, but a non-corporate body, which does not meet the substance of a clan similar to a clan. Thus, the lawsuit of this case's intervention by the independent party does not meet the litigation requirements.

B. 1) Determination 1) The unique meaning of a clan is whether the intervenor's own meaning is a clan or not does not require a special organization as a family organization naturally created for the purpose of the protection of the graves of the common ancestor, the religious services, and the friendship among the members of the clans. Among the descendants of the common ancestor, some of adult male members or more naturally become its members, and it cannot be arbitrarily excluded from their members. Thus, a part of a clan residing in a specific area or an organization consisting of only the clan members of a specific port cannot be a clan that is merely a similar organization and its unique meaning (see Supreme Court Decision 92Da15048 delivered on September 22, 1992). In light of the above legal principles, it is difficult to consider whether the testimony of the witness N, who corresponds to the argument of the intervenor, constitutes a clan of the unique meaning of the non-permanent group of the non-permanent group of the deceased, and it is not possible to include the number 198, 198, 399, 198, etc.

The following circumstances, which are acknowledged to have added the purport of the entire pleadings as a result of the fact inquiry into the witness O's testimony and the permanent address of the party branch, are as follows: ① Even though P's descendants have gathered the vision from the grave of Q Qu P in each year when they are permanently stationed, it is not clearly identified who is the co-help subject to the trial system, and ② the name of the clan claimed by the intervenor is the initial clan.

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