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(영문) 대전지방법원 2017.09.06 2016가합104269
공탁금출급청구권확인
Text

1. The instant lawsuit shall be dismissed.

2. The litigation costs shall be borne by B which is indicated as the representative of the plaintiff.

Reasons

1. The Plaintiff asserted that the Plaintiff was a clan that is a joint ancestor grouped of C C C C C C C C C C C C’s 46 years of age, and held a title trust in the name of G and four other persons with respect to the size of 3,349 square meters prior to the Daejeon Seo-gu

However, according to the division and rearrangement on June 1, 198, the above land was changed to each real estate listed in the separate sheet (hereinafter “each land of this case”) on the ground of replotting on March 24, 1989, and the Defendant deposited KRW 537,024,000 for the compensation for expropriation on the ground that, upon the expropriation of each land of this case according to H Development Project (1j), the Daejeon District Court on June 14, 2016 was gold No. 3359 in the Daejeon District Court on June 14, 2016, on the ground that “4 persons other than the depositor G, G are unable to receive, and four remaining depositors cannot be identified.”

Therefore, the Plaintiff, a title truster of each of the instant lands, sought confirmation against the Defendant that the right to claim the payment of the said deposit was the Plaintiff.

2. Before determining who the claimant for payment of the judgment deposit as to the legitimacy of the instant lawsuit, we first examine whether the Plaintiff is a party to the lawsuit.

1) The unique meaning of a clan does not require a special organization of a naturally created clan for the purpose of protecting the graves of the common ancestor and promoting friendship among the members of the clan. The descendants sharing the common ancestor and the clan naturally become its members when they reach majority without distinction of gender (see, e.g., Supreme Court en banc Decision 2002Da1178, Jul. 21, 2005), and the clan members are not deprived of the qualification of clan members or they cannot leave the clan. Accordingly, an organization consisting only of some members residing in a specific area is merely a similar organization of the clan and cannot be a clan of its unique meaning. Determination of whether a clan falls under its unique meaning must be made by comprehensively taking into account the purpose of the clan, the circumstances surrounding its establishment and organization, the scope of and criteria for its members, and the details of its rules (see, e.g., Supreme Court Decision 2002Da1178, Jul. 21, 200

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