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(영문) 서울중앙지방법원 2017.05.18 2013가합30139
공탁금출급청구권양도
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Confirmation of the plaintiff

A. 1) Some Defendants’ assertion 1) An organization with the name “A” appearing in this case is its own meaning of clan B as a common vessel (hereinafter “family clan of the birth family”).

(3) The family of the family of the family family (hereinafter referred to as "family of the family of the family") within its unique meaning that the family of the family of the

(2) The Plaintiff, upon the Plaintiff’s assertion by some Defendants, indicated the Defendant as the Plaintiff the Defendant’s family clan in the written complaint. 2) In this case, the Plaintiff becomes the Plaintiff in accordance with the claim by some Defendants.

B. Relevant legal principles 1) Parties should reasonably interpret and confirm the contents and causes of the indications and requests entered in a complaint and only change of the indication of parties is permitted to the extent that the identity of the person indicated as a party is recognized (see Supreme Court Decisions 94Da61243, Mar. 22, 1996; 96Da3852, Oct. 11, 1996). 2) clans are natural met groups organized for the purpose of protecting the graves of the common ancestor and promoting friendship among its members (see Supreme Court Decision 2009Da1783, Feb. 24, 201). In light of the purpose of the former system, if the clans primarily focus on the religious services of the common ancestor, and the members and subsequent descendants of the clans can not be jointly formed with the members of the clans and their descendants as their natural group members (see, e.g., Supreme Court Decision 2009Da1783, Feb. 24, 2011).

Supreme Court Decision 94Da22583, 22590 delivered on July 30, 1996

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