Whether the use of the name of a clan and the recognition of the existence of a clan that have been contrary to custom has been made;

The name of the clan or the clan shall be the general practice or customs of the clan to be attached to the services of the Jung-si or to the services of the clan and the services of the clan, etc., but its substance shall, notwithstanding its name, be the family members naturally formed for the religious services of the common ancestor, the management of the property of the clan, the friendship of the clan, etc., and therefore, it shall not be denied merely because the use of the name of a clan goes against the custom as seen above.

Article 31 of the Civil Act

Supreme Court Decision 80Da640 Decided September 24, 1980, 80Da1302 Decided December 27, 1983

Of machine scopic scopic ○

Defendant Kim Dong-chul, Counsel for the defendant-appellant

Seoul High Court Decision 87Na2972 delivered on May 9, 1989

The appeal application is dismissed.

With respect to the reasons for the application:

The name of the clan or the clan shall be the general practice or custom that the clan shall be attached to the services of the Jung-si or to the services of the clan and to the services of the clan, etc., but its substance shall, notwithstanding its name, be the family members naturally formed for the religious services of the common ancestor, the management of the property of the clan, the friendship of the clan, etc., and therefore, the name of a clan shall not be denied just because the use of the name of a clan violates the above custom (see Supreme Court Decision 80Da1302, Dec. 27, 1983; 80Da640, Sept. 24, 1980).

Therefore, without any explanation by the court below, it is wrong that the plaintiff's clan, which is the ○○ clan clan for mechanical oil in the reasoning of the judgment below, stated that the plaintiff's clan was a clan consisting of descendants who made the "members of the clan clan" as a joint ancestor among the descendants of the ○○ clan's descendants, but according to the records, the plaintiff's clan used the name "the ○○ clan for the plaintiff's clan." However, it is not erroneous in the judgment of the court below in the misapprehension of legal principles as to the composition of the clan or the establishment of the representative of the clan, which is the descendants of the joint ancestor clan's "the ○○ clan for the plaintiff's clan" as the follow-up descendants of the joint ancestor clan for the 30 members and all of the members of the clan who are able to communicate with them. And according to the facts duly established by the court below, it is not erroneous in the misapprehension of legal principles as to the method of the trust of the clan's property, such as the theory of the lawsuit.

Since all arguments are without merit, the application of this case is dismissed, and it is so decided as per Disposition with the assent of all participating judges.

Justices Kim Yong-ju (Presiding Justice)