A. The case holding that the court below should reject the lawsuit where the plaintiff's clan was not registered or the qualification of the representative is not recognized, on the grounds that the nature of the plaintiff's clan, which the plaintiff asserted, is unique to the plaintiff's own clan, judged whether the plaintiff's clan was registered and whether

(b) In addition to the significance and unique clans of the clan, where the clan group of the clan members within a specific scope among the descendants of the common ancestor has the substance of an organization;

(c) Whether there is a validity of the clan rules which are highly likely to give voting rights to some clan members residing in a specific area and deprive them of their voting rights (negative)

(d) The case holding that since a unique clan of the deceased needs to organize a meeting, the name of the clan was enacted in one of the small clans, it cannot be deemed that the clan exists or was newly organized from the original clans, and even if a separate clan is organized due to the enactment of the clan rules, the original clan's land does not naturally belong to the small clans;

A. The court below should determine whether the plaintiff's clan is in existence or not the representative of the plaintiff's clan, because the nature of the plaintiff's clan claimed by the plaintiff is unique, and the court below should determine whether the plaintiff's clan is in existence or not, and if the plaintiff's clan is not in existence or the representative's qualification is not recognized, the case holding that the lawsuit should be dismissed as it is unlawful.

B. The unique clan of the common ancestor does not require a special organization as a clan organization, which is naturally created custom for the purpose of protecting the graves of the common ancestor and promoting friendship among its members, but is naturally a member of the common ancestor. Among the descendants of the common ancestor, some of the members of the members of the common ancestor shall naturally become its member, and if a specific range of the descendants of the common ancestor, other than the unique clan members, is established as a social organization and engages in its own activities while owning and managing its own properties, the essence as an organization shall not be denied. However, it is different from the unique clan of the common ancestor.

(c) It is not possible to arbitrarily exclude certain members by establishing the rules on the clans of the unique members, and the clan rules which are highly likely to give voting rights to only some members of the clans residing in a specific area and deprive them of their voting rights to other members of the clans residing in other regions are null and void against the essence of the clan

(d) The case holding that if the descendants of the common ancestor have resided in a certain area, adult males, who are the head of the household residing in that group, have determined important matters by gathering them in the cemetery of the common ancestor every year without taking any procedure for the protection of their graves and taking any other part therein, and registered the clan in trust with the members of the clan, and that if some of the clan members of the clan registered the clan in trust with the members of the clan, it is necessary to organize the clan by opening an extraordinary general meeting for the reason that there is a need to organize the clan in their common sense because some of the clans of the clans of the deceased clans of the common ancestor clans of the clans of the deceased clans of the clans of the clans of the clans of the clans of the clans of the clans of the first clans of the clans of the clans of the clans of the clans of the first clans of the clans of the clans of the clans of the first time, it cannot be deemed that there existed or new clans of the clans of the clans of the clans of the clan.

(b)Article 31(a) of the Civil Procedure Act; Article 48(c) of the Civil Procedure Act; Articles 40 and 73 of the Civil Act;

B. Supreme Court Decision 92Da2899 delivered on April 24, 1992 (Gong1992,1684). Supreme Court Decision 87Meu1915,1916 delivered on June 27, 1989 (Gong1989,1132), Supreme Court Decision 91Da16525 delivered on August 27, 1991 (Gong1991,2428), Supreme Court Decision 91Da1172 delivered on February 14, 1992 (Gong192,105), Supreme Court Decision 78Da1435 delivered on September 26, 1978 (Gong1978,1122), Supreme Court Decision 80Da516 delivered on December 10, 1981 (Gong1981,3722).

Cr. Muanan Cr. M&P Mack

Defendant’s Attorney Lee In-bok

Seoul High Court Decision 90Na35200 delivered on March 11, 1992

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

We examine the grounds of appeal.

1. Review of records

A. The plaintiff's attorney at the first instance court, without providing a specific explanation about the substance of the plaintiff's clan in the complaint, used only the name of the clan by indicating it as the deceased clan clan's member, but the mark and power of attorney stated it as the deceased clan's member of the clan's member of the clan. Accordingly, the defendant asserted that the non-party 2's representative's qualification as the representative is denied in the plaintiff's non-party 1's non-party 1's non-party 1's non-party 1's member of the deceased clan's member of the clan's member of the clan's member of the non-party 1's member of the non-party 1's member of the non-party 1's member of the non-party 1's member of the non-party 1's member of the non-party 2's member of the non-party 1's member of the non-party 1's member of the non-party 2's member of the non-party 1's member of the non-party 1's member of the non-member.

B. On January 22, 192, the plaintiff's attorney at the court below asserted that the essence of the plaintiff's clan is a unique clan of the deceased clan consisting of all the members of the clan, and even if some of the members of the clan were consisted solely of the members of the clan, it is a social organization that resides in the ○○ of the members of the clan for the clan of the clan of the clan of the clan of the clan of the clan of the clan of the clan of the clan of the clan of the clan of the clan of the clan of the clan of the clan of the clan of the clan of the clan of the plaintiff. Even though it is difficult to view the plaintiff's clan as a clan with its unique meaning, the court below determined that the plaintiff's clan of the plaintiff was an unincorporated association with no legal capacity to consist of only

2. If so, the nature of the plaintiff's clan claimed by the plaintiff is a clan with its unique meaning that the plaintiff's clan is a common ancestor, so the court below should determine whether the plaintiff's clan was lost or whether the above non-party 2 was a representative of the plaintiff's representative. If the plaintiff's clan does not exist or the representative's qualification is not recognized, the lawsuit of this case is unlawful and dismissed.

3. The court below accepted the plaintiff's preliminary assertion by the plaintiff's attorney, and recognized that the plaintiff's clan was in existence as an unincorporated association which is not a clan in its own meaning and recognized the party's ability and representative's ability and representative's qualification. However, the above preliminary assertion by the plaintiff's attorney of the court below is not permissible since it changed the party to the preliminary argument.

4. Therefore, the court below did not err in finding the substance of the plaintiff clan as another organization as asserted by the plaintiff.

5. The unique clan of the deceased does not require a special organization as a naturally occurring family organization for the purpose of protecting the graves of the common ancestor and promoting friendship among the members of the clan, but it does not require a special organization. The descendants of the common ancestor who have attained majority or higher among the descendants of the common ancestor naturally become its members, and some of its members cannot be arbitrarily excluded from their members. In addition, in addition to the clan in its unique meaning, if the clan group within a certain scope among the descendants of the common ancestor is established as a social organization and engages in its own activities while owning and managing its own property, it is not possible to deny its substance as such organization, but it is different from its unique meaning (see Supreme Court Decision 87Meu1915, 1916, Jun. 27, 1989).

6. According to the records, the descendants of the deceased Sosan Cr. Sc. are classified as a sc. Sc. Sc. Sc. Sc. Sc. Sc. Sc. Sc. Sc. Sc. Sc. Sc. Sc. Sc. Sc. Sc. Sc. Sc. Sc. Sc. Sc. Sc. Sc. Sc. Sc. Sc. Sc. Sc. Sc. Sc. Sc. Sc. Sc. Sc. Sc. Sc. Sc. Sc. Sc. Sc. Sc. Sc. Sc. S. Sc. S. Sc. Sc. Sc. Sc. S. Sc. Sc. S. S. S. Sc. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S.s. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S.s. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S.s.s.s.s.s.s.s. S.s.s.s.s.s.s.s.s. S.s.s. S.s. S.s. S.s.s.s.s.......

However, according to the clan rules (No. 3) prepared in this case, the members of the clan of the clan of the clan of the clan of the clan are limited to the qualification of the members of the clan of the clan of the clan of the clan of the clan, focusing on the members of the Ansan-gun ○○ △△△△△, among the descendants of the clan of the clan of the clan, who are the adult male. However, even if only the non-party 20, who was appointed at the time as the representative of the clan of the clan of the clan of the clan of the clan of the clan of the clan of the clan of the clan of the clan of the clan of the clan of the clan of the clan of the clan of the clan of the clan of the defendant, who is residing (No. 35-5 of the evidence No.

It is not possible to arbitrarily exclude certain members of the clan because it establishes the rules on the clans of unique members, and there is a high probability that some members of the clan who reside in a specific area will be given voting rights and deprived of the voting rights of members of the clan who reside in other regions are invalid against the essence of the clan (see Supreme Court Decision 80Da516, Feb. 10, 1981).

7. Of course, it can be organized within a certain range of clans separate from the unique clans. However, according to the facts established by the court below, since the non-party 4's graves, the descendants of the non-party 8 who were the descendants of the non-party 4, within the forest recorded in the annexed list 8 of the court below's judgment, they lived on the basis of the Japanese clan from the Joseon Dynasty, the descendants of the non-party 4, who were the descendants of the non-party 8, had been living in the family clans, decided important matters by gathering the graves of the non-party 1, the clans of the non-party 1, and without any specific convening procedure, the non-party 2, the non-party 1, the non-party 1, who was the head of the household residing in the family, had no specific family clans or the non-party 1, who was a new clan clans' own clans' clans unique name, it was no longer necessary to establish the plaintiff's properties of the non-party 2, and the non-party 1, the plaintiff's properties of the non-party 8.

If a separate clan is organized due to the enactment of the clan, it cannot be said that the land of this case owned by the clan of the unique deceased naturally belongs to the clan of the clan.

8. The court below recognized that the entity of the plaintiff clan was a clan organization that is organized separately from the unique clan of the plaintiff clan from the beginning, but it is merely a fact that it was recognized as such in accordance with the qualification of the clan members under the above clan Rules (No. 3), and there is no evidence sufficient to recognize this point except for the evidence No. 3.

9. Thus, the judgment of the court below is erroneous in the misapprehension of legal principles as to clans and in the misapprehension of the reasoning, or in the misapprehension of facts against the rules of evidence, and there is a ground to point this out.

Therefore, the judgment of the court below is reversed, and the case is remanded to the court below. It is so decided as per Disposition by the assent of all participating Justices.

Justices Choi Young-young (Presiding Justice)