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(영문) 서울고등법원 2015.09.11 2014나2045742
종중원지위확인
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment in this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance.

2. The parties' assertion;

A. The plaintiff's argument that the defendant clan is naturally created by descendants of P.

The plaintiff is a P's natural child born as a P's natural child, who was born to another family.

The plaintiff is a descendants who share a common line with the birth family's co-ownership and the origin of the result, while J has been engaged in livelihood support services, such as bringing back a P's intention, and the plaintiff has actively participated in the P's actions and P related events, and the plaintiff has also been entered in AB house or AB visa as the descendants of P.

Therefore, although the plaintiff is the descendants of the person who moved to another family, it is naturally the clan members of the defendant clan.

However, since the defendant clan does not dispute that the plaintiff is not a member of the clan, the plaintiff seeks to confirm that the plaintiff is a member of the clan.

B. Defendant clan's assertion is not a naturally occurring clan with descendants of P, but it is limited to a clan similar organization comprised of five descendants and three members from among the descendants of P, and since the Plaintiff was not a member of the Defendant clan, it did not acquire the status of its members.

Even if the defendant's clan naturally created a clan, in light of the purpose of the adopted system under the conventional custom, it should be viewed that the person who moved to another clan and his descendants do not belong to the clan that is the joint creation of the father's mother.

Therefore, the plaintiff is not a member of the defendant clan.

3. Determination

A. The reasoning of the judgment on this part of the defendant clan is the same as that of the judgment of the court of first instance, and thus, this part is acceptable.

(b) Whether a person who has moved to another family or his descendants can become a clan member is naturally established, and it does not require any organizational activity for its establishment, and the clan also needs to be established.

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