Method of appointing clan representatives;

A clan is an unincorporated association formed by the clan members for the purpose of the religious services of the clan, management, the protection of graves, and the friendship among the clan members, and the appointment of its representative shall be governed by the rules of the clan, and it is common practice to call up a meeting of adult male members from among the clan members unless the rules of the clan do not exist and appoint one person as the representative of the clan members by a resolution of a majority of the members present.

Article 48 of the Civil Procedure Act

On November 20, 1958, 4291 Civilism2, 4291, 558, 64Da1193, Nov. 20, 1965 (Supreme Court Decision 1658, Article 48(5)789 of the Civil Procedure Act, 64Da1193, Nov. 20, 1965 (Supreme Court Decision 1658, Article 48(14)790, Dec. 6, 1966 (Supreme Court Decision 237, Supreme Court Decision 1437, Supreme Court Decision 301, Nov. 301, 194)

Plaintiff clan

Defendant 1 and nine others

Government's branch court of Seoul and Criminal District Court (67A847) in the first instance court

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by Nonparty 1 and 2 who was the representative of the plaintiff.

The plaintiff

(1) Revocation of the original judgment shall be revoked.

(2) As to the Plaintiff:

(A) Defendant 1’s transfer registration procedure due to the cancellation of the trust by serving the refarcing of the real estate recorded in the separate sheet Nos. 1 to 4;

(B) On March 18, 1964, Defendant 2 entered in the Schedule Nos. 1, 2, and 3, the registration procedure for cancellation of ownership transfer registration made on March 18, 1964 with respect to the real estate listed in the Schedule No. 1,2, and 1015 (the third Schedule);

(C) Defendant 3, 4, 5, 6, 7, 8, etc. are the procedure for the registration of cancellation of ownership transfer registration against Nonparty 1, as the same registry office No. 1863 on May 6, 1964 for the real estate listed in attached Form 3;

(D) On December 30, 1957, the registration procedure for cancellation of the share of Defendant 9, among the registrations of the transfer that was restored under No. 2839 for the real estate in the attached list No. 4, 1957;

(E) On November 6, 1963, Defendant 10, respectively, performed the registration procedure for cancellation of ownership transfer registration in accordance with No. 4242 of the receipt of the same registry office.

(3) The court costs are assessed against the Defendant, etc. in both the first and second instances.

The plaintiff had long owned real estate in the attached list. Since the plaintiff's name among the plaintiff's name had long been a trust registration under the name of only the defendant 1, who is his son, but the defendant 2, who is the mother of the above defendant, has been missing and the register has been destroyed, forged documents such as seals and certificates of personal seal impression, and forged the above defendant 1's name in the attached list 1,2, and the real estate recorded in the attached list 4 is jointly owned by the defendant 1 and the defendant 9 with respect to the above real estate in the attached list 1,2,3 list 1,2, and 101 or 1015, the plaintiff's name had a duty to complete the registration of trust registration under the above name of the defendant 1,64, and the plaintiff's name had a duty to complete the registration of ownership transfer as to the above real estate under the name of the defendant 1,2, and the above registration of ownership transfer as to the above real estate under the name of the defendant 1, 1964.

Therefore, first, prior to the judgment on the merits, whether the non-party 1, who filed the original lawsuit, is a legitimate representative of the plaintiff's species, and is newly appointed in the trial, and whether the non-party 2, who performed the lawsuit as a representative of the plaintiff's species, has the power to represent the plaintiff's species.

In the case of a false clan, the members of the clan are unincorporated associations that are combined with the purpose of the religious services of the clan, the protection of the managerial cemetery, the friendship among the members of the clan, and the friendship and friendship among the members of the clan, and the appointment of the representative shall comply with the rules of the clan, and if not, unless there are special circumstances, it is general practice to convene a meeting of the members of the clan and appoint one of the members of the clan as the representative of the majority of the members present, who is a resolution of the majority of the members of the clan.

(1) First, examining whether there was any provision in the Plaintiff clan at the time of appointing Nonparty 1 as the representative, it is insufficient to view that the evidence No. 13, such as the evidence No. 7, was the rules of the Plaintiff clan, and if the testimony of Nonparty 3, 4, and 5 of the lower court is all the purport of the oral argument, it can be seen that no clan has existed at the time of appointing Nonparty 1 as the representative.

(2) Next, it is difficult to believe that the plaintiff's clan appointed Nonparty 5 as representative according to the general custom stated above, and the plaintiff argued that the non-party 2, located in the Dong-dong of the Government of the Republic of Korea, notified about 100 members of the plaintiff's clan to convene a meeting on December 5, 1966 and appointed the non-party 1 as representative under the attendance of the majority of the members of the non-party 1 among them. However, it is consistent with this point, the statement of the evidence No. 6, the non-party 3's testimony and some non-party 6's testimony of the non-party 1 through 9, the witness of the court below, the testimony of the non-party 4 and 7, and the non-party 2's testimony of the non-party 2's testimony and some of the non-party 2's testimony in light of the whole purport of the record verification result of the court below (the non-party 1's statement of the non-party 1's clan members and the non-party 1's clan members.

(3) Finally, as to whether Nonparty 2 was the representative who was newly appointed in the court of a political party and performed the litigation, and the representative of a clan shall be appointed from among the members of the clan. In general, there is no evidence to regard Nonparty 2 as the members of the clan of the deceased and provided by the plaintiff. (I can see that the member is only the president of the clan of the clan of the deceased and provided by the plaintiff.)

If so, the plaintiff's objection lawsuit cannot be deemed to have been instituted by a person with the authority to represent the plaintiff's paper. Thus, the lawsuit in this case is not unlawful, and the lawsuit in this case shall not be dismissed by a person with the authority to represent the plaintiff's paper, and then by the person with the authority to represent the plaintiff's paper, it is not necessary to enter the judgment on the merits, and the judgment in this case is just, and therefore, the plaintiff's appeal is dismissed as it is without merit, and it is so decided as per Disposition by applying Articles 95, 98 (2) and 99 of the Civil Procedure Act to the cost of lawsuit.

[Attachment List]

Judge Han Man-do (Presiding Judge)

Judges Man Il-young is unable to sign and affix seals on the whole part.