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(영문) 광주지방법원목포지원 2017.06.28 2016가단54283
소유권이전등기
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the representative C.

Reasons

1. Determination as to the legitimacy of the instant lawsuit

A. The unique meaning of a clan 1) does not require a special organization of a naturally created clan with the aim of protecting the graves of the common ancestor and promoting friendship among the members of the clan. The descendants sharing the common clan and the clan naturally become the members of the clan when they come of age without distinction of gender, so they cannot deprive their own members of their qualification or leave the clan. Therefore, an organization that only part of the members of the clan residing in a specific area shall not be a similar organization of the clan and shall not be a clan of its unique meaning. Whether a clan falls within its unique meaning shall be determined by comprehensively taking into account the purpose of the clan, the background of its establishment and organization, the scope of and qualification for its members, and the rules of the clan, etc. (see, e.g., Supreme Court Decision 2011Da61349, Nov. 24, 2011). If the plaintiff asserts that the change of the clan itself is not a unique meaning of the clan or an association of its own nature and it does not constitute an association of its own nature as it does not correspond to its own nature.

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