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(영문) 부산지방법원 2021.01.14 2020나43517
경매배당금 양도 등 청구의 소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and the appeal.

Reasons

1. The reasoning of the judgment by the court in this part of the basic facts is as stated in the judgment of the court of first instance except for the following cases. Thus, this part of the judgment is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Part V of the judgment of the court of first instance, the "(the first distributed amount shall not exceed the amount indicated in the attached Form)" of conduct No. 5 and No. 6 of the judgment of the court of first instance is deleted.

2. Determination on the defense prior to the merits

A. The main contents of Defendant 6 through 17’s defense of this case’s main contents 1) The plaintiff filed a lawsuit of this case with a clan, but it is unclear whether it is a clan’s entity, and therefore, it is deemed that it has the ability to be

It is difficult to see.

2) It is deemed that the Plaintiff was competent for a clan to be a member of the clan.

Even if the Plaintiff’s representative was not lawfully elected, and there was no legitimate resolution of the general assembly to bring the instant lawsuit, so it is not an incidental law because the requirements for filing the lawsuit were not met.

B. Determination 1 on the capacity of a clan is a naturally occurring family organization formed by descendants of the common ancestor for the purpose of protecting the graves of the ancestor and promoting friendship between their descendants and their descendants, and is established by their descendants at the same time as the death of the ancestor. If a clan has been equipped with and continuously engaged in its activities to the extent represented by a representative elected in accordance with the rules or customs of the clan, the organization as a non-corporate association is recognized, and the issue of whether a clan is a non-corporate association has the capacity to be a party as a non-corporate association is about the litigation requirements, and it is determined at the time of the oral argument for deliberation (see Supreme Court Decision 2009Da95387, Mar. 25, 2010). Meanwhile, the descendants of the common ancestor shall naturally become the members of the clan (members of the clan) if they reach majority, and some of them cannot be arbitrarily excluded from its members, and therefore, some of them shall be restricted from its members or a certain part of the members of the clan.

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