(a) The representative of a clan and the right to manage and dispose of clan properties;

(b) General practices for the appointment of the clan representative;

A. The authority to represent a clan and call a clan shall be the head of the clan who is a member of the clan, but in case the clan is separately appointed according to the rules of the clan, the customs of the clan, or the general custom of the clan, only the representative of the clan shall have the right to represent the clan and, in particular, only the representative of the clan shall have the right to manage and dispose of the clan on behalf of the clan.

B. According to the general practices, a clan representative shall be appointed by a resolution of a majority of the clan meetings consisting of all the members of the clan who are members of the clan who are legitimate members of the clan or members of the clan and who are delegated by the head of the clan with convening authority to convene a call for convening the call to all the members of the clans who are of full age who are members of the clans

A. Article 48 of the Civil Procedure Act: Article 59 of the Civil Procedure Act; Article 48 of the Civil Procedure Act; Article 71 of the Civil Act

[Defendant-Appellee] Plaintiff 1 and 3 others (Attorney Jeong Yong-sung et al., Counsel for defendant-appellee)

Defendant 1 and one other Defendants, Defendant 1 et al., Counsel for the defendant-appellant

Gwangju High Court Decision 81Na683,684 delivered on June 17, 1983

The judgment below is reversed, and the case is remanded to the Gwangju High Court.

The grounds of appeal Nos. 1 and 2 by the Plaintiff’s attorney are also examined.

1. A clan is a clan organization established for the purpose of the religious services of the common ancestor, the protection of graves, and the mutual friendship among its members, which is naturally created by the surviving descendants and is not established by a separate organization. The authority to represent the clan and convene the clan shall be the head of the clan (or the head of the clan) who is a member of the clan in common, but shall have the right to manage and dispose of the clan on behalf of the clan, in cases where the clan is separately appointed according to the rules of the clan or the customs of the clan or the general customs of the clan, and in particular, only the head of the clan has no authority over the clan property, and only the representative of the clan has the right to manage and dispose of it on behalf of the clan.

In addition, according to the general practices, it is necessary to appoint a clan representative as a majority resolution at a clan meeting consisting of the members of the clan present by giving a notice of convening to all the adult members who have been residing in Korea and are clearly adult members who have been residing in Korea.

2. In this case, the judgment of the court below recognized the fact that the non-party 1, who is the representative of the plaintiff clan, was not a legitimate representative, that the plaintiff clan held a clan meeting among the non-party 2's houses located in Seo-gu, Seo-gu, 1979, 200, and appointed the non-party 1 as the representative of the clan concerning the case of this case, and again, on March 28, 1981, 48 from the non-party 2's house above 15:00 on March 28, 1981 to attend an extraordinary general meeting and hold an extraordinary general meeting and confirmed the resolution of appointment of the above non-party 1 as a legitimate representative of the plaintiff clan, and the above non-party 1 determined that the non-party 1 is a legitimate representative of the plaintiff clan.

However, according to the records, since it is evident that the above clan meeting was convened by Nonparty 2, it is difficult to view that the above non-party 2 was a legitimate representative of the plaintiff clan at the time, or a person delegated by the head of the clan or the head of the clan, who is a non-party to the clan who is a legitimate representative of the plaintiff clan at the time.

Second, in the first instance trial, it is recognized that the non-party 3, who is the joint member of the plaintiff clan, has the non-party 4 and the non-party 5, and the non-party 6 and the non-party 7 had the non-party 7. Thus, even according to the above evidence, the remaining members of the plaintiff clan shall be the non-party 6 and the non-party 7's descendants who were the non-party 7, and there is no evidence to recognize that the non-party 6 and the non-party 7's descendants who were the non-party 7's descendants who were the non-party 6 and the non-party 7's descendants who were the non-party 7's descendants were called for the non-party 2's notification of convening the non-party 47 or 48's members who were the non-party 2's testimony. The non-party 2's notification of convening the non-party 48's general meeting is insufficient to recognize that the non-party 6 and the non-party 7 is the above plaintiff's statement.

3. Ultimately, the judgment of the court below is erroneous in finding facts without legitimate evidence without sufficient deliberation as to the representative authority of the plaintiff clan, and it constitutes a ground for reversal under Article 12 (2) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, and therefore, it is reasonable to discuss

Therefore, the judgment of the court below is omitted and the case is remanded to the Gwangju High Court. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Lee Sung-soo (Presiding Justice)