(a) Whether a person who has moved to another family and his descendants may become a member of a clan that makes the father and wife of his/her native as a joint ancestor (negative) and where his/her natives are married to a clan;

(b) The case holding that it is not enough to recognize that the above grandchildren were in existence as an unincorporated association with the ability to form an organization and independently act as an unincorporated association on the sole basis of the fact that Eul, et al., sent to other descendants, et al. as the grandchildren of Byung, et al., and Byung et al, al., called "A" et al. as their descendants, and got close to their life.

A. A clan is a naturally created family organization formed for the purpose of protecting the graves of a common ancestor and promoting friendship among descendants, and it is naturally established by its descendants at the same time as the death of the common ancestor, and it does not require any organization for its establishment. As such, in light of the main purpose of a clan to conduct the religious services of the common ancestor, and the purpose of the two systems under the custom of the former, a person who moved to another family and his descendants cannot become a member of a clan naturally formed by the common ancestor and naturally formed by their descendants, and the same is the same even if their relatives were to be married, even if they were to be married.

B. The case holding that it is not enough to recognize that the descendants were in existence as an unincorporated association with the ability to form an organization and conduct an activity independently, even though the descendants of Eul et al., who moved to each other as the grandchildren of Eul et al., and Byung et al., were able to see the starting point every year as the degree of her birth and her life, and they got close to her life, as the grandchildren of Byung et al.

(a)Article 31 of the Civil Code, Article 48 of the Civil Procedure Act;

A. Supreme Court Decision 81Da584 delivered on February 22, 1983 (Gong1983,580), Supreme Court Decision 91Da4287 delivered on June 25, 1991 (Gong1991,207)

Plaintiff-Appellee et al., Counsel for the plaintiff-appellant

Plaintiff-Supplementary Intervenor (Attorney Yoon Young-young, Counsel for defendant-appellee)

Defendant 1 and 11 others, the Defendants’ Haak-gu, Counsel for the defendant-appellant)

Seoul High Court Decision 90Na38261 delivered on July 3, 1991

The judgment below is reversed and the case is remanded to Seoul High Court.

The part concerning the establishment of each clan among the grounds of appeal by the Plaintiff’s Intervenor No. 3 and the Plaintiff’s Intervenor’s Intervenor’s Intervenor’s supplementary appellate brief is examined (the supplementary appellate brief submitted by the Plaintiff’s abnormal criminal defendant was submitted after the expiration of the period for submission of the appellate brief, and it is determined to the extent that it supplements the above grounds of appeal).

1. According to the reasoning of the judgment below, the above non-party 1 and the non-party 6 non-party 1 were the owners of the above non-party 1 and the non-party 1 were the owners of the above non-party 5's non-party 1 and the non-party 6's non-party 9's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 2's non-party 1's non-party 9's non-party 1's non-party 1's non-party 9's non-party 1's non-party 1's non-party 9's non-party 1's non-party 1's non-party 6's non-party 1's non-party 1's non-party 2's non-party 8's non-party 1'.

2. However, the original clan is a naturally created family organization formed for the purpose of protecting the graves of the common ancestor and promoting friendship among descendants and is naturally established by its descendants at the same time as the death of the clan, and it does not require any organizational act for its establishment. Thus, in light of the purpose of the common ancestor system and the purpose of the common ancestor system, the members and descendants of the clan who moved to other clans cannot become a member of the clan naturally formed by the common ancestor group (see Supreme Court Decision 81Da584 delivered on February 22, 1983), and the same applies to the case where the clans were married to the clans.

According to the facts established by the court below, the clan, Kim Jong-dong's clan, which is the deceased non-party 5's descendants, shall be the deceased non-party 9 and non-party 10's descendants who moved to other family members, and the above non-party 5's descendants shall become the above non-party 5's members. Thus, although such clan cannot be viewed as the original clan naturally formed, it cannot be viewed as a naturally formed clan, the court below recognized the above clan as a naturally formed clan and judged it as above shall not be deemed to have erred by misapprehending the legal principles on the clan, which affected the conclusion of the judgment.

3. However, even though the above clan does not have its original meaning, if the descendants of the above non-party 9 and the non-party 10, who moved to other family, constitute a body for the protection of graves, religious services, and friendship of their friendship and can be recognized as an organization, there is room to recognize the organization of an unincorporated association, not a clan within its original meaning, and the above clan stated the expression that the above clan is a clan naturally formed, but it is deemed that the existence of an unincorporated association is not the original meaning, in view of the overall context, but the purport of recognizing the existence of an unincorporated association.

However, if the purport of the above clan is deemed to be an unincorporated association composed of the members' organizations, it shall be recognized that the clan had already been formed as an organization and operated independently before November 30, 1932 that the clan acquired the real estate of this case, and even if the descendants of the above non-party 9 and the non-party 10 were close to the above non-party 5 et al. as the result of the original adjudication, they set up the vision of the above non-party 5 et al. every year and referred to as the village of their birth, such fact alone is insufficient to recognize that the descendants of the above clan were in existence as an unincorporated association which had not been able to independently form an organization since before November 30, 1932, and there is no other material to recognize this fact on the record.

After all, the court below's decision is justified, since it has committed an unlawful act that affected the judgment due to the violation of the rules of evidence and the lack of reasons.

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

Justices Song Man-man (Presiding Justice)