Requirements for a clan to acquire indirect possession by taking possession of the lease as the occupation of the clan.

A clan is a natural group of the clans with the purpose of the religious rites of the common ancestor, the protection of graves, and the friendship among the members of the clan, and therefore, in order for a clan to have acquired an indirect possession of a lease for a certain real estate, it is an unincorporated association under the Civil Act. Thus, in order for a clan to have established the lease relationship to have acquired an indirect possession of a lease for a certain real estate, a person who actually has established the lease shall be the representative organization of the clan or the executive body, or its representative, and it is merely leased of a member in the qualification of private person regardless of the clan, the indirect possession of the clan shall not be deemed to have been an individual only, but the clan shall not be deemed

Articles 31, 194, and 245(1) of the Civil Act

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Jong-soo et al., Counsel for plaintiff-appellant)

○○○ ○ ○○ ionion

Defendant

Daegu District Court Decision 97Na12172 delivered on September 18, 1998

The appeal is dismissed. The costs of appeal are assessed against the plaintiff.

We examine the grounds of appeal.

On the first ground for appeal

According to the records, the court below's rejection of the plaintiff's assertion that the non-party 1, the defendant's fleet, transferred 455 of the non-party 1 to the plaintiff's clan in lieu of the return of his own useful clan property in 1940, and the non-party 1 transferred 455 of the non-party Kimcheon-si (name 1 omitted), but the ownership in the registration was formed by the non-party 1's agreement to the above non-party 1 as it is, there is no evidence, and there is no error of law of misunderstanding facts due to a violation of the rules of evidence, such as the theory

The Second Ground of Appeal

A clan is a natural group of the clans with the purpose of the religious rites of the common ancestor, the protection of graves, and the friendship among the members of the clan, and therefore, in order for a clan to have acquired indirect possession of a lease for a certain real estate, it is an unincorporated association under the Civil Act. Thus, in order for a clan to have established the lease relationship to have acquired indirect possession of a lease for a certain real estate, a person shall actually be the representative organization of the clan or the executive body, or its representative, and if the member is merely leased in the qualification of private person regardless of the clan, the indirect possession of the clan shall not be deemed to have been indirectly occupied by the clan (see Supreme Court Decision 96Da46484 delivered on April 25, 1997).

According to the reasoning of the judgment below, the court below rejected the plaintiff's assertion that the plaintiff's clan occupied the land in this case as the owner's intention and completed the prescriptive acquisition on January 26, 1996, and paid rent to the above non-party 3 for about five years. The above non-party 4 sold only the above house to the non-party 4 around 1980. The non-party 3 until 1988, and the non-party 1994 also paid the non-party 5 rice 10 times rice plants each year to the non-party 5 who was a member of the plaintiff's clan. The court below rejected the plaintiff's assertion that the non-party 2 occupied the land in this case as the owner's intention, and that the non-party 3 and the non-party 5 occupy and manage the above land in this case for about five years.

According to the records, the above non-party 3 leased the land of this case to the above non-party 2 and received the rent from the above non-party 4 on his own interest as a private person, and it can be seen that the non-party 3 did not act as a representative or an agent for the plaintiff's clan. In light of the above legal principles, the above judgment of the court below is acceptable, and there is no error of law by misunderstanding the legal principles as to the possession of the clan, such as the theory of lawsuit, or by misunderstanding the facts due to insufficient deliberation. There is

Therefore, the appeal is dismissed and all costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Jae-soo (Presiding Justice)