(a) The meaning of the clan;

(b) The validity of a resolution of a meeting which does not give notice for convening a clan because the members of the clan regularly meet in accordance with the rules or practices of the clan and agreed in advance to handle the social affairs of the clan;

A. A clan is a natural family organization with the purpose of protecting the graves of a common ancestor, conducting religious services, and promoting friendship among the members of a clan, among the descendants of a common ancestor, not requiring a special organization, nor requiring a written sexual inquiry rules.

B. In holding the general meeting of a clan, the general principle is to give notice to the members of the clan that the representative or the convening authority notifies the convocation of the general meeting. However, if the members of the clan regularly meet at a certain place once a year in accordance with the rules or practices of the clan and agree in advance to handle the clan's church affairs at a certain time, the resolution of the meeting shall not be deemed null and void on the ground that they did not give notice of the above convocation or resolution.

A. Article 31(b) of the Civil Act

A. Supreme Court Decision 88Da1774 delivered on April 11, 1989 (Gong1989, 738) (Gong1990, 14217 delivered on November 28, 1989) (Gong1990, 142), Supreme Court Decision 91Da2946, 2953 delivered on June 14, 1991 (Gong1991, 1920), Supreme Court Decision 69Da1774 delivered on October 13, 1987 (Gong138) (Gong138)

[Defendant-Appellant] Jinak-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin

Defendant Minemun Law, Attorneys Han-jin et al., Counsel for the defendant-appellant

Seoul High Court Decision 89Na41186 delivered on June 14, 1991

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined (the supplemental appellate brief is within the scope of supplement in case of supplement in the grounds of appeal).

(1) The court below is a group naturally created by descendants for the purpose of the protection of the graves of the common ancestor, the worships, and the friendship between the clans, based on the evidences of Scam. The court below recognized that, before the enactment of the clan Regulations on December 4, 1983, the non-party 1, who attended the above clans on October 5 of the attached Table 1, 1983, was discussed, decided, and executed at the tombstones of the deceased clans on October 5 of each year after 1983, 100, and 10,000,000 won or more of the deceased clans on December 4, 1983, and 196, 200,000 won or more of the deceased clans who attended the above clans on October 9 of the previous general meeting (196, 200,000 won or more of the non-party 1,000 won of the deceased clans on October 4, 1986.

In light of the records, the above fact-finding by the court below is justified, and there is no violation of the rules of evidence or any illegality in the incomplete hearing, such as the theory of litigation.

(2) A clan does not require a special organization as a natural clan organization with the purpose of protecting the graves of the common ancestor, conducting religious services, and promoting friendship among the members of the clan, among the descendants of the common ancestor, and it does not require a special organization. In principle, in holding the general meeting of a clan, it shall be deemed that the representative or convening authority generally gives notice of convening the general meeting to the members of the clan of convening the general meeting. However, in a case where the clan members have agreed in advance to handle the church affairs by regularly meet at a certain place once a year in accordance with the rules or practices of the clan at a certain time, the resolution of the meeting shall not be deemed null and void on the ground that they did not notify the general meeting of convening or convening authority thereof separately (see Supreme Court Decision 69Da1779, Feb. 24, 1970; 87Meu194, Oct. 13, 1987).

The court below is justified in finding the existence of the plaintiff clan in accordance with the above legal principles and judged that the above non-party is a legitimate representative elected as the representative of the plaintiff clan on November 10, 1986, which is the day of the ordinary general meeting, and there is no violation of the law of misunderstanding the legal principles as to the clan such as the theory of the lawsuit.

(3) For the same reasons as the time of the original adjudication, the lower court’s recognition and determination that the instant real estate is owned by the Plaintiff in the form of the Plaintiff is just and acceptable, and there is no violation of the rules of evidence, such as violation of the rules of evidence, incomplete deliberation, and lack of reasoning, as otherwise pointed out

Therefore, the appeal is dismissed and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Park Jong-dong (Presiding Justice) Kim Sang-ho (Presiding Justice)