[1] Whether the common ancestor of a clan constitutes a specific criteria for a clan (affirmative)

[2] Method of selecting a clan representative

[3] The validity of a resolution of the general meeting of a clan which lacks notice of convening a meeting for some members of the clan (negative)

[1] Since a clan is a naturally created clan organization aimed at the protection of graves for the common ancestor and the friendship among its members, it does not require a special organization, but it can be a fluence within a clan depending on who is a common ancestor, and therefore, it shall be the most important criteria for whom a common ancestor of the clan is to determine a specific clan and to grasp its substance.

[2] The representative of a clan shall be elected according to the rules or special practices of the clan, and if not, the head of the clan or the head of the family shall convene the male who has attained majority among the members of the clan and be elected by the resolution of the majority of the members present, according to general customs. It is the general customs of our country that, unless the head of the clan or the head of the door has not been appointed in the clan and there is no rules or practice regarding the appointment of the head of the clan, the highest number of the members of the surviving clans who are aged, and they become the head of the clan or the head

[3] In the absence of special circumstances, a clan general meeting shall individually give notice to all members of the clan whose location is obvious after determining the scope of the members of the clan subject to notice for convening the meeting, and the resolution of the clan general meeting held without a notice for convening the meeting to some members of the clan shall be null and void.

[1] Article 31 of the Civil Act / [2] Article 48 of the Civil Act / [3] Article 71 of the Civil Act

[1] Supreme Court Decision 94Da19792 delivered on October 11, 1994 (Gong1994Ha, 1959), Supreme Court Decision 94Da17772 delivered on November 11, 1994 (Gong1994Ha, 3259), Supreme Court Decision 94Da42389 delivered on June 9, 1995 (Gong1995Ha, 2378) / [2/3] Supreme Court Decision 86Da2654 delivered on June 23, 1985 (Gong1987, 1224) / [2] Supreme Court Decision 92Da18146 delivered on December 11, 1992 (Gong193, 1945) / [2] Supreme Court Decision 94Da293949 delivered on April 16, 194 (Gong1994, Supreme Court Decision 93Da294894 delivered on April 196, 1929497

1. The term "accom" means the term "accom" or "accom" means the term "accom" or "accom"

Mail (Attorney Kang Byung-ho, Counsel for the defendant-appellant)

Gwangju District Court Decision 94Na3663 delivered on September 6, 1995

The judgment of the court below is reversed, and the case is remanded to Gwangju District Court Panel Division.

The defendant's attorney's grounds of appeal are examined.

1. A clan is a naturally created organization of the common ancestor for the purpose of the protection of the graves of the common ancestor and the friendship among its members, but it does not require any special organization, so in identifying a clan and understanding its substance, it shall be the most important criteria for whom the common ancestor of the clan is to recognize it (see Supreme Court Decision 94Da19792, Oct. 11, 1994; 94Da19792, Oct. 11, 1994); the representative of the clan shall be elected according to its general custom by convening a meeting of the majority of its members and convening a meeting of the members of the clan for convening the meeting of the clan, and shall be elected by the head of the clan or the head of the clan for convening the meeting of the clan for convening the meeting of the members of the clan, and shall not be appointed by the head of the clan or the head of the clan for convening the meeting of members of the clan, and shall be decided individually by the head of the clan 2, 194 and the general meeting of members of the clan 2, 97.5.

2. However, with respect to the defendant's defense against the existence of the plaintiff in his clan and the qualification of its representative, the court below decided that the clan was divided by descendants from the time of his religious service, and that the clan was 23 years old at the time of his religious service through his religious service in the Korea-Japan which was 15 years old, and that the clan was 23 years old at the time of his religious service in the Korea-U.S., and its descendants continued to live in the Korea-U.S., and that his descendants moved to the Korea-U.S. in the 26-year old clan, and their descendants were living in the vicinity of his religious service in the 15-year old clan, and that the court below decided on April 5 of each year that the defendant's safety defense against the existence of the plaintiff in his religious service was supported by his religious service together with his religious service, and that the majority of the majority of the members of the Korea-U.S. clan's general meeting should be held with the consent of the 15-U.S.M.S.

3. However, even according to the first instance judgment as cited by the lower court, it is not clear who is the member of the clan in the process of the clan, as well as the lower court has a separate custom as to the convening of the general meeting of the Plaintiff clan from the past, and if it conforms to the general custom, it is several members of the Plaintiff clan, who is a convening authority, issued a convening notice to several members of the Plaintiff clan, and did not explain about who held the said clan on June 7, 192.

In addition, the plaintiff's assertion that the middle group of the plaintiff's clan is 26 years of age or older for the month of the clan that is the member of the clan, but the plaintiff's clan provides that "the clan shall be composed of 20 years or more of age or older for the first time of the clan after the members of the clan" Article 3 of the Rules on the Qualifications of the members of the clan, and it is the middle group of the plaintiff's clan that is the 15 years of age or older for the above religious month. In addition, in light of other rules, the purpose of the plaintiff's clan is to protect the graves of the deceased clan, including the Chinese clan, etc., and the ordinary meeting is to hold once a year the starting group of the Chinese clan, and it is not clear that the plaintiff's member of the plaintiff's clan, who is the 23 years or more of age or older for the above clan, as the member of the plaintiff's clan, is the member of the previous clan, and it is not clear that the plaintiff's sibling is the member of the clan.

Therefore, the court below should first specify who is a member of the plaintiff's clan and who is a member of the plaintiff's clan, and after ascertaining the substance of the defendant's clan, it should have determined who is the representative of the plaintiff's clan on June 7, 1992 and determined the legality of the non-party's notification for convening the non-party's clan as the representative of the plaintiff's clan. However, the court below's decision that the plaintiff's clan exists only because it did not reach this, and because the foreigner's clan was a legitimate representative of the plaintiff's clan, the court below did not err in the misapprehension of legal principles as to the plaintiff's clan, incomplete deliberation, and lack of reasoning, and the arguments pointing this out are with merit.

4. Therefore, without examining the remaining grounds of appeal on the merits, we reverse the judgment below and the case is remanded to the court below. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Shin Sung-sung (Presiding Justice)