[1] Whether the registration of a specific clan's assistance in the family clan as his/her father's assistance in the family clan is a defamation against the clan (negative)

[2] In the case of paragraph (1) of this Article, whether a provisional disposition prohibiting the registration of a substitute newspaper and its application is permitted (negative)

[1] Defamation under Article 764 of the Civil Code refers to the act of lowering the social evaluation of the person (the same shall apply to the case of the clan) and the act of claiming that subjective reputation has been infringed does not constitute defamation. Thus, the applicant's clan is ultimately the starting of the clan that is actually created by the clan of his superior clan and the father of the clan is not a different relative, although the applicant's clan has no other relative, it is problematic that the other clan Gap is registered as the father of the applicant's clan as the natural father of the plaintiff's clan even though the plaintiff is registered as the father of the plaintiff's clan. However, even if the plaintiff is registered as the father of the new clan of Eul, the applicant's clan is fundamentally denied the foundation of the clan or it cannot be seen as being affected by social criticism that he is raised as his own clan, it is nothing more than that of the above clan.

[2] Even if the facts alleged by the applicant's clan are recognized as they are, it is difficult to view that the social evaluation of the applicant's clan would be diminished to the extent that the court's intervention and protection is necessary, the dispute between the applicant's clan and the other clan, and the clan's clan's clan's clan's clan's clan's clan's clan's temporary position is a dispute over the relation of rights that need provisional disposition to determine

[1] Article 764 of the Civil Code / [2] Article 714 (2) of the Civil Procedure Act

[1] Supreme Court Decision 89Meu12775 delivered on February 27, 1990 (Gong1990, 760) Supreme Court Decision 92Da756 delivered on October 27, 1992 (Gong192, 3252)

D. D. M. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S.

Seoul High Court Order 96Ra90 dated January 31, 1997

The reappeal is dismissed.

The grounds for reappeal are examined ex officio prior to finding.

A provisional disposition that determines a temporary position under Article 714(2) of the Civil Procedure Act may be made in order to avoid significant damage to the relationship of rights or prevent urgent demotion when there is a disputed relationship between the parties.

이 사건에서 재항고인(이하 신청인 종중이라고 한다)은 밀성박씨 문중의 중시조인 척(척)의 13세손 ○○(○○)은 전의 △씨와 제주 □씨의 두 부인이 있었으나 자식을 두지 못하고 죽었고, 그 뒤 조원(조원)이 계자(계자)가 되어 ○○의 대(대)를 이었으며, 신청인 종중은 조원의 후손들로 이루어진 종중인데, 밀성박씨 직장 현감공 ◇◇파손 대종중(이하 피신청인 1종중이라고 한다)은 ○○이 전의 △씨와 사이에 장남 ◇◇(◇◇), 차남 조원(조원), 3남 ☆☆(☆☆)을 두었고, ◇◇의 후손들이 피신청인 1종중의 종원들인 것처럼 조작하여 이를 1930년 ∇∇∇이 개인적으로 발행한 밀성박씨 족보에 기재하도록 하였고, 그에 따라 1958년 밀성박씨 보소(보소)에서 발행한 족보에도 같은 기재가 되었으며, 피신청인 밀성박씨 판서공파 보청 부마공파 종회(이하 피신청인 2종회라고 한다)는 신청인 종중의 상급 대종중으로서 이번에 새로이 밀성박씨 판서공파 대동보(대동보)를 발행하게 되었는데, 피신청인 1종중은 피신청인 2종회에 대하여 위 허위사실의 기재를 요청하고, 피신청인 2종회는 그 신청을 받아들여 위 허위사실을 그대로 기재하여 대동보를 발간하려고 하고 있는바, 그와 같이 되는 경우 신청인 종중의 명예가 훼손될 것이라고 주장하면서, 피신청인 1종중에 대하여는 피신청인 2종회가 1996년에 발간하는 밀성박씨 판서공파 족보의 13세손 ○○의 계파에 그의 종원들을 등록하여 줄 것을 신청하여서는 아니된다는 가처분을 구하고, 피신청인 2종회에 대하여는 위 같은 족보의 13세손 ○○의 계파에 피신청인 1종중의 종원들을 등록하여서는 아니된다는 가처분을 구하고 있다.

However, defamation under Article 764 of the Civil Act refers to an act that lowers the social assessment of a person (the same shall apply to the case of the clan), and it does not constitute defamation merely by asserting that a subjective reputation has been infringed upon (see Supreme Court Decision 92Da756, Oct. 27, 1992). In this case, the applicant's clan in this case is ultimately at issue that the applicant's clan is registered as the natural father of ○○○○○. However, even if △△△ is registered as the natural father of ○○○○○○○, the applicant's clan is fundamentally denied the clan, and the applicant's existence as a clan is denied or that another clan that does not have a blood relation is raised as his own clan, and it is nothing more than that of the same clan that changes in the above clan.

Therefore, even if the facts alleged by the applicant's clan are recognized as they are, it is difficult to view that the social evaluation of the applicant's clan will be lowered to the extent that the applicant's reputation is infringed, and that it is necessary for the court to intervene and protect the applicant's clan. Ultimately, the dispute between the applicant's clan and the first class and the second class of the respondent in this case is difficult to view that the dispute between the applicant's clan and the first class and the second class of

On the other hand, a party member stated that the court below stated that ○○○○’s ○○ as an assistant, even though he stated that ○○○’s ○ ○ ○ ○ ○ ○ ○ ○ ○ as an assistant, it is inappropriate for the assistant to prove that ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○, however, the applicant’s application for the provisional disposition in this case

Therefore, the reappeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Jeong Jong-ho (Presiding Justice)