Customs on the appointment of a representative in literature

It is the general customs that the head of the clan or the head of the family call up for the purpose of protecting the graves of the common ancestor and promoting the friendship among the members of the clan, and the representative of the clan is relatively divided into the clans of the clans according to the setting of the common ancestor, and unless there is a special provision, it is the common customs that the head of the clan or the head of the family call for the clans of the clans of the majority of the members present.

Article 48 of the Civil Procedure Act

64Na1193 delivered on August 24, 1965 (Supreme Court Decision 181Da1811 delivered on November 8, 197, Supreme Court Decision 75Da255 delivered on November 8, 197 (Supreme Court Decision 11617 delivered on November 167, Supreme Court Decision 23No. 249 delivered on November 24, 196, Article 48(40) of the Civil Procedure Act, Court Gazette 576 delivered on June 5, 1986)

Plaintiff’s literature

Defendant 1 and two others

Daegu District Court (78Gahap239) in the first instance

The original judgment shall be revoked.

The case is remanded to the Daegu District Court.

The original judgment shall be revoked.

As to the plaintiff (in this part), the defendant 1 shall pay the amount of 4,234,240 won, the amount of 529,280 won, each of 529,280 won, and the amount of 5% per annum from February 12, 1980 to the date of full payment.

(Preliminary) Defendant 1 shall pay the amount of 5,292,800 won and the amount at the rate of 5% per annum from February 21, 1980 to the full payment.

The costs of lawsuit shall be assessed against the defendant in both the first and second trials, and a declaration of provisional execution.

The judgment of the court below, as the representative of the plaintiff's literature, dismissed the lawsuit of this case on the ground that the representative of the plaintiff's literature did not have the representative of the plaintiff's door, and thus, the non-party 1, who filed the lawsuit of this case, has dismissed the lawsuit of this case on the ground that it

It is a non-party 1's religious group for the purpose of protecting the graves of the common ancestor and promoting friendship among the members of the non-party 1's clans. It is a common custom that the head of the non-party 1's religious clan or the head of the non-party 1's religious clan calls for an adult male and appoints a majority of the members present at the meeting, unless otherwise provided for in subparagraph 3-1, 2 (the mark and contents of the plaintiff's religious services) without dispute, Gap evidence 2 (the minutes of the plaintiff's religious services), the representative of the non-party 14 among the non-party 3's testimony of the non-party 1's religious services' non-party 1's religious services' religious services' non-party 1's religious services' religious services' non-party 1's non-party 1's religious services' religious services' non-party 1's non-party 1's non-party 2's non-party 1's non-party 1's religious services's non-party 1's non-party 1's legal services's non-party 1's legal services'

Therefore, even if it is assumed that Nonparty 1 did not have a representative of the Plaintiff’s literature at the time of the filing of the instant case, and that Nonparty 1 was in violation of the Act on May 10, 1978, which was convened by Nonparty 1, Nonparty 1 was the legitimate representative of the Plaintiff’s literature by the resolution of the Seodaemun-gu Council on August 10, 1979, so the original judgment dismissing the instant lawsuit against Nonparty 1 on the ground that Nonparty 1 did not have a representative of the Plaintiff’s literature, it cannot be exempt from the illegality.

Therefore, the original judgment is revoked in accordance with Article 388 of the Civil Procedure Act, and the case is remanded to the Daegu District Court. It is so decided as per Disposition.

Judges fixed ticket (Presiding Judge) Mobile Engines