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The judgment of the court below is reversed, and the case is remanded to the Seoul Western District Court Panel Division.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. In a case where the issue of title trust on a certain land between a clan and a clan member is disputed, if it is proved that there has been a clan with an organic organization at the time when the registration of the titleholder was completed in the future, and further, the process or content of the land which became owned by the clans is proved directly, and if several registered titleholders have proved, the relationship between the registered titleholders and the clans, the relationship between them, the circumstances registered in the future, the situation of the establishment of the clan graves centering on the Si, the number of graves and the clans, the size and management status of the land, the receipt and disbursement of the proceeds of the land, the payment of taxes and public charges for the land, and the payment of the registration certificate, etc., if sufficient data exists to regard that the land is owned by the registered titleholders in the future.
(See Supreme Court Decision 9Da11397 delivered on July 6, 2000, etc.). 2. Review of the lower judgment and the record reveals the following circumstances. A.
The plaintiff is a clan whose 17 years of age is ABC's 17 years of age, and whose members are adult men and women among descendants.
Each land of this case is located in the vicinity of Gyeonggi-gun, Gyeonggi-do, where a grave of AC is located.
Each of the lands of this case was completed on February 25, 1932 by five co-ownership of AD, AE, AF, AH, and AG.
B. The above AD, AE, AF, and AH are all the members of the Plaintiff’s clan.
AG is a member of AC’s 3 South Korea BB of AC, and is a member of the Plaintiff’s clan, but it is not a member of the Plaintiff’s clan because the said BB was transferred to BD, a member of the said AC and the 4th degree of damage.
AD as the head of the CN, both of them are the Plaintiff clan.