Requirements for establishment and continuation of a clan;

A clan does not require a special organization as a natural group of the clans composed for the purpose of the protection of graves and the religious services of the common ancestor and the friendship among the members of the clan, and it does not necessarily require a special organization, and it is not necessarily required to be recognized by the entry of the clans among the clans, but it is not possible to deny the establishment and continued existence of the clans on the ground that the representative of the clan has not been continuously appointed.

Article 31 of the Civil Act

Supreme Court Decision 72Da1918 delivered on July 10, 1973, Supreme Court Decision 80Da640 Delivered on September 24, 1980

Attorney Lee Jong-soo, Counsel Lee Chang-soo, Counsel for the defendant-appellant

Attorney Kim Jong-hoon, Counsel for the plaintiff-appellant from among the Pyeong Pak Kim Jong-sung ○○

Seoul High Court Decision 85Na3195 delivered on January 21, 1987

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

As to the Defendant’s Attorney’s ground of appeal:

1. According to the reasoning of the judgment below, the court below held, based on evidence, that the non-party 2 was naturally formed for the purpose of promoting the friendship of the non-party 1's 15 years of age among the non-party 1's clans that are the non-party 1's members of the non-party 1, and that the non-party 3 (non-party 1's 10 years of age) was called the non-party 2's head of the non-party 2's head of the clan ○○○○○○○○○", and it was just in fact finding that the non-party 3 (non-party 1's head of the non-party 1's head of the non-party 2's head of the non-party 5's head of the non-party 1's head of the non-party 1's head of the non-party 1's head of the non-party 4's head of the non-party 1's head of the non-party 1's head of the non-party 3.

2. The theory of a clan asserts that the clan shall be the representative of the clan in order to continue the establishment of the clan, and that the establishment of the clan shall be registered in the family register of the clan. However, the clan does not require a special organization act as a natural group of the clans composed for the purpose of the protection of the graves of the common ancestor, the religious services, and the friendship among the members of the clan, and it does not necessarily require a special organization act, and it shall not be recognized by the entry of the clans. Further, the establishment and continuation of the clans shall not be denied on the ground that the clans have a representative for a certain act, but they have not been appointed continuously (see Supreme Court Decision 72Da1918 delivered on July 10, 1973).

The court below's decision is not erroneous in the misapprehension of legal principles as to the establishment and existence of a clan, or for lack of reasons or the establishment and existence of a clan, on the ground that the court below acknowledged the substance of the plaintiff clan without examining whether or not the representative of the plaintiff clan was appointed until the time when the plaintiff clan was appointed, since the non-party 2, the joint clan of the plaintiff clan. All arguments are groundless.

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 Lee Jae-sung (Presiding Justice)