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(영문) 서울고등법원 2016.08.16 2015나2040942
공탁금확인
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are dismissed.

2. The costs of the lawsuit after filing an appeal.

Reasons

1. The reason why the court should explain this part of the judgment as to the propriety of the defendant's request for designation of the fixed date is the same as that of the corresponding part of the judgment of the court of first instance. Thus, this part is cited in accordance with the main sentence of Article

2. The plaintiff's assertion

A. The primary claim for the plaintiff clan is a naturally occurring family organization formed for the purpose of promoting the protection of graves, religious services, and friendship among their members by grouping K as a joint ancestor for a ten-year period by descendants of K, who are 20 years of age of AG, which was established on August 15, 2005, and the sexual code was amended on September 5, 2015. The contents, purpose, establishment, organization circumstances, and the scope of and qualification for the members of the clan constitutes a unique clan if it is comprehensively determined on September 5, 2015.

Plaintiff

Although the clan held title trust on July 8, 1972 with respect to the land of this case on June 3, 201, which is one of the fundamental property of the clan AH AH, Seocho-gu, Seoul (hereinafter “instant land”), it deposited KRW 62,261,550, respectively on June 29, 201 when it admitted the instant land to the land as the site for the AI Bogeumjari Housing Project, and on June 29, 201, it deposited KRW 62,261,50 with respect to the Defendant, one of the registered depositors, the Plaintiff sought confirmation from the Plaintiff.

B. Even if the plaintiff's clan does not fall under the unique meaning of the clan, it constitutes an organization similar to a clan, and as long as the plaintiff has trusted the land of this case to the defendant and six other parties, the plaintiff's right to claim for payment of the deposit in the attached list is sought to confirm the status of the plaintiff's ownership.

3. Determination on this safety defense

A. The gist of the defendant's main defense is that part of the descendants who jointly set up the I 20-year-old K as a group, led by some of the descendants, and there is no substance of a clan as a group.

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