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(영문) 대구지방법원서부지원 2014.09.25 2014가합1301
종원확인등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The defendant clan is a set of the clan C, 18 years old D, and is a clan consisting of descendants who jointly set up the 21 years old son F, which is the 21 years old son F.

B. CC 10 years old and 11 years old and Ha (Nam Nam) were 11 years old and Ha (Seoul), but as H’s 22 years old and Ha was h’s son, K was adopted by J among I’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son

The plaintiffs are descendants of K.K.

C. On February 11, 1994, the May 11, 1994 held a meeting to establish the defendant clan with the representative L/W and name “A,” prepared the clan rules, and systemized the clan activities, including the management of the clan properties. According to Article 4 of the above clan rules, the qualification of the members of the clan is determined as “BC F descendants.”

On August 19, 2013, Defendant clan sold 7669.7 square meters in price to 5,817,53,360 square meters in Daegu-gun Mal., Daegu-gun, which was owned by Defendant clan, to E.S. 45,352 square meters, and decided on January 26, 2014 that the above purchase price shall be distributed to the members of the clan aged 19 years and older, respectively.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 3, 7, 11, Eul evidence Nos. 1 through 8, inquiry results about the achievement group, the party's personal inquiry results about plaintiff N, the purport of the whole pleadings

2. Although the plaintiffs asserted that they were the descendants of K 23 years old between the two, the plaintiffs jointly carried out clan affairs with the defendant clan members, such as protecting the graves and property of the common ancestor and promoting mutual friendship by protecting the graves and property of the common ancestor as the defendant clan members, although they were the descendants of K 23 years old between the two.

Therefore, it is reasonable to view the plaintiffs as members of the defendant clan, and therefore, the plaintiffs' status is confirmed against the defendant clan, and as long as the plaintiffs are the members of the defendant clan, the defendant clan is also distributed to the plaintiffs as the share of the real estate sale price according to the resolution of the general meeting of the clan dated January 26, 2014.

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