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(영문) 창원지방법원 2019.12.19 2019가합53054
종원지위부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a clan that jointly sets up C. 62 years old-old Doesc 62 years old-age D, and the Defendant is the representative of the F Family Association (hereinafter “F Family Association”) which is a clan that jointly sets up C. 71 years old-old Doesc 71 years old-old Doescing E, which has come through a conspiracy.

(b) If the relationship between D and E is adjusted according to the number of households based on C’s viewer G, the relationship between D and E is as follows:

The fact that there is no dispute over the 10 years of age 75 defendant E's 5 years of age (based on fact recognition), the entry in Gap evidence 1256, and the purport of the whole pleadings, as a whole, of the 62 years of age 71 of the joint vessel D plaintiff's 71 of the joint vessel D D's 10 years of age 71.

2. The assertion and judgment

A. The plaintiff's assertion that the defendant constituted the F Family Association which is a separate clan of the same clan E, which is a common ancestor, and acquired the status of its member, so the defendant lost the plaintiff's status of member of the clan in accordance with the custom of the clan and the

B. A clan within its unique meaning does not require a special organization of a naturally created clan group for the purpose of protecting the graves of a common ancestor and promoting friendship between its specifications and its members, and descendants who share the same family name with the common ancestor name and its result naturally become a member of the clan when they become adult without distinction of gender.

Since a clan is relatively divided into a large number of the common ancestor according to the determination of the common ancestor, a single clan may be established by making one of the descendants of the previous common ancestor group members of the same clan as the common ancestor, a separate clan which consists of one of the common ancestor members of the already established clan group may be established, and as a result, several descendants of the common ancestor group among the common ancestor group group may exist by making the common ancestor group the several descendants of the previous common ancestor group group as the group group.

Therefore, a single person E, one of the descendants of the plaintiff's co-ship, can be established as a joint group, and the defendant shall be a second hand of D.

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