beta
Text
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. The defendant is a clan of 24 years old E with its descendants as a joint ancestor, and if the basic identity of facts alleged by the parties as to the substance of the clan is maintained, regardless of the legal arguments of the parties about the legal nature of the clan that is a party to the lawsuit, it does not constitute a change of the parties. In such a case, the court may determine, on the basis of facts examined ex officio, whether the substance of the organization claimed by the parties is a clan or a similar organization of a clan, or who is a joint ancestor, and may assess
(see, e.g., Supreme Court Decision 2008Da45378, Oct. 9, 2008). The defendant asserted in the lawsuit of this case that "a non-legal entity of a clan similar to a clan consisting of adult male and female members who are the basis for promoting Ma in close time among the descendants of 24 years old E," and changed legal assertion through a preparatory document dated May 28, 2019 as "a clan consisting of descendants who make a joint ancestor of 24 years old E," but such change of argument by the defendant is merely a different argument about the legal nature of the defendant, and the basic identity of factual relations concerning the joint ancestor, etc. is maintained, so it cannot be deemed an arbitrary change of party that differs from the objective substance of the organization.
In addition, in light of the fact that matters concerning the essence of a clan or a clan similar organization with a unique meaning are matters to be ex officio by the court (see Supreme Court Decision 93Da53955 delivered on May 10, 1994), the plaintiffs themselves asserted that they are clans with a unique meaning of the defendant, and that materials to determine their legal nature, such as the defendant's 191 Code, have already been submitted from the beginning of the lawsuit, it cannot be deemed that the above change of the defendant's assertion constitutes a means of defending against actual time.
Therefore, the above-mentioned change of the defendants is a voluntary change of parties and a defense method for the effective time limit.