Validity of the amendments to the clan Regulations that deprives members of their membership for part of the clan;

It is invalid because it goes against the original purpose of establishment of a clan and the essence of a clan, which goes beyond the limit of the amendment of the regulations, because it is contrary to the original purpose of establishment of a clan and the essence of a clan to deprive some of the members of their qualification as a clan member without treating part of the clan members as the clan members in the clan clans in which only part of the members

Article 277 of the Civil Act

Of the species of memorial species Kim Jong-chul

Defendant

Jeonju District Court Decision 77Na289 delivered on June 15, 1978

The judgment below is reversed, and the case is remanded to the Jeonju District Court Panel Division.

The defendant's first ground for appeal is examined.

The court below rejected the defendant's main defense that the decision of appointment is null and void, recognizing that the non-party 1's representative was legally appointed by the plaintiff's clan by selecting evidence of the judgment.

However, without any determination by the court below, comprehensively taking into account the descriptions and arguments set forth in Gap evidence 1 (the inaugural general meeting resolution), Gap evidence 2 (the clan No. 3), Gap evidence 5-1 and 2 (the delegation letter), the plaintiff clan was centered on March 3, 1939, the non-party 2 (the non-party 1's death in 1945)'s family clan's family clan's family clan's family clan's family clan's family clan's family clan's family clan's family clan's family clan's family clan's non-party 1, the non-party 2, the non-party 3 (the non-party 1963's death), the non-party 4 and the non-party 6's family clan's non-party 1, the non-party 4 and the non-party 1, the non-party 4 and the non-party 1, the non-party 1 and the non-party 3's family clan's non-party 1 and the non-party 4.

However, on the same day, Nonparty 1, Nonparty 5, Nonparty 6, and Nonparty 9 only accepted the power of attorney of Nonparty 4, Nonparty 10, Nonparty 11, Nonparty 12, and Nonparty 13 on October 5, 1976, and, at the same time, partially changed the purpose of the draft of the draft of the draft of a law and at the same time, Nonparty 3’s lineal descendant who was 20 years of age or over as a male with the age of 20, and only Nonparty 5, Nonparty 6, Nonparty 9, Nonparty 1, and only Nonparty 12 and Nonparty 13, who is Nonparty 3’s children, are the final members. Accordingly, on the premise that the amendment of the draft of the said law is valid, it can be seen that only the above four types of laws were gathered, and that only Nonparty 1 was elected as the representative of the Plaintiff.

Therefore, at the meeting of January 1, 1974, the regulations were amended that the plaintiff clan did not treat the non-party 7 and the non-party 8 as a member of the clan, and that the two members of the clan and the non-party 4, the non-party 10, the non-party 14 and their descendants are deprived of their status as a member of the clan permanently at the meeting of that day. It is contrary to the original purpose of establishment of the plaintiff clan and the essence of the clan which goes beyond the limit of the amendment of the regulations.

Therefore, on the premise that the amendment is valid, only the non-party 1, non-party 5, non-party 6, and non-party 9-4 appear and the decision to appoint the non-party 1 as the representative of the plaintiff clan is null and void. Thus, the defendant's ground of appeal that the above non-party 1's qualification as representative is against the rules of evidence, and the judgment of the court below is reversed, and the case is remanded to the court below. It is so decided as per Disposition by

Justices Yu Tae-hun (Presiding Justice)