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(영문) 청주지방법원 2019.05.31 2018나7796
부당이득금 등
Text

1.The judgment of the first instance, including the conjunctive claims added at the trial, shall be modified as follows:

The plaintiff.

Reasons

1. Whether the lawsuit of this case is legitimate

A. 1) With respect to whether the Plaintiff is a clan whose unique meaning is a clan or a similar organization of the same clan, the unique meaning of the clan does not require a special organization as a family member of the clan, which is naturally created custom for the purpose of protecting the graves of the common ancestor, promoting friendship between the religious members and the members of the clan. Among the descendants of the common ancestor, the adult or older is naturally a member of the clan, and part of the members cannot be arbitrarily excluded from their members. Thus, an organization that only those members of the clan residing in a specific area are members of the clan is merely a non-organization of the clan and does not constitute a clan of its unique meaning (see, e.g., Supreme Court Decision 2000Da16800, Apr. 12, 200), according to Article 4 of the Rules of the Plaintiff, according to the overall purport of entry and arguments of No. 3, Gap evidence No. 9, and all of the facts that the Plaintiff submitted to the register of the members of the clan that had its unique meaning in the register of the clan members.

3) Meanwhile, in a case where a non-corporate group similar to a clan has formed a common property and continuously engaged in social activities centered on a person who leads the work in order to achieve the common purpose, it shall be deemed that the entity as an organization exists from that time, and in such a case, it shall be deemed that the organization has the ability to be a party in a lawsuit (see, e.g., Supreme Court Decision 2015Da206591, Nov. 26, 2015). According to the purport of the health class, the above evidence, and evidence evidence No. 30 as well as the argument, the Plaintiff enacted regulations from around 1976.

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