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(영문) 대법원 2018.06.28 2016다244071
명의변경등기말소
Text

The appeal is dismissed.

The costs of appeal are assessed against C who is represented by the plaintiff.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal Nos. 1 and 2

A. A. In light of the purpose and essence of a clan as a naturally created clan group composed of natural members for the purpose of protecting the graves of a common ancestor and promoting friendship among its members, etc., the descendants sharing the same clan with the common ancestor shall naturally become its members when they naturally reach majority without distinction of gender (see, e.g., Supreme Court en banc Decision 2002Da1178, Jul. 21, 2005). Therefore, some of the clan members cannot be arbitrarily restricted by the resolution or rules of the general meeting of a clan, and even if some of the clan members are restricted by the resolution or rules of the general meeting of a clan, this is contrary to the essence of the clan, and thus, cannot be recognized as valid.

(see, e.g., Supreme Court Decision 2011Da61349, Nov. 24, 2011). (B)

The lower court determined that even if the Plaintiff’s clan covenant limited the qualification of a clan member as the descendants of the common ancestor, if Article 4 of the Civil Act, which revised the age of majority from 20 to 19, went into force on July 1, 2013, naturally becomes a clan member when he/she attains the age of 19, an adult member of the clan under the Civil Act, and some of them cannot be excluded from its members.

C. Examining the reasoning of the judgment below in light of the above legal principles and records, the above determination by the court below is just, and contrary to what is alleged in the grounds of appeal, the court below did not err by misapprehending the legal principles on the criteria for determining the scope of clan members, scope of the amended

2. As to the grounds of appeal Nos. 3, 4, and 5

A. In the absence of special circumstances, each of the clan members may participate in meetings, discussions, and resolutions by individually giving notice to all the clan members who can be notified individually because they have resided in Korea after determining the scope of the clan members subject to notice of convening a clan pursuant to the family clan, etc.

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