2013Da64250 Confirmation of membership

It is as shown in the attached list of plaintiffs.

Class A:

Busan High Court (Chowon) Decision 2012Na1385 Decided July 26, 2013

October 15, 2015

The judgment below is reversed, and the case is remanded to Busan High Court.

The grounds of appeal are examined.

1. As to the grounds of appeal Nos. 1 through 3, a non-corporate group similar to a clan does not necessarily establish a sexually cultural covenant by opening a general meeting and establishing a system of organization, but rather, if a non-corporate group has formed a common property and continuously engaged in social activities centered on a person who takes the lead in the formation of the common property in order to achieve the common purpose, it shall be deemed that the entity as an organization exists around that time (see, e.g., Supreme Court Decision 94Da56401, Mar. 12, 1996).

In light of the circumstances stated in its holding, the court below determined that the organization similar to the clan of this case was formed in the course of G and H's descendants, who were based on the Changwon L among the descendants of B and H, to commemorate C and to conduct religious services every year, and that the organization similar to the clan of this case was decided to register the transfer of ownership in the name of the clan with respect to the property that was held in the name of individuals by the descendants of G and H among their descendants who were members of the organization similar to the clan, and accordingly, the organization similar to the clan of this case was registered in the name of the defendant according to the name of G and H, and therefore, the organization similar to the clan of this case was eventually registered in the name of the defendant according to the name of G and H, among their clans.

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 acceptable. Contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on the standards for the substance of clans, the scope

2. As to the fourth ground for appeal

The lower court determined that the Plaintiffs were the Defendant’s members as the descendants of H, who worked for a clan similar organization of this case.

However, according to the records, the facts that the plaintiffs are descendants of H are the descendants of H, but further, the scope of members of the organizations similar to the clan of this case among descendants of G and H is not specific and data that can be seen as whether both the plaintiffs are members of the organizations similar to the clan of this case.

However, among the plaintiffs, those who have affixed the defendant's clan rules as officers, etc. are highly likely to be the members of the organizations similar to the clan of this case. Therefore, the court below should have deliberated on the scope of the members of the organizations similar to the clan of this case among G and H descendants, and should have judged whether the plaintiffs are the members of the defendant.

Nevertheless, the lower court, without any specific ground, determined that the Plaintiffs are all the Defendant’s members, and so, the lower court erred by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules and thereby adversely affected the conclusion of the judgment. The ground of appeal assigning

3. Conclusion

Therefore, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Supreme Court Decision 200

Justices Lee In-bok, Counsel for the appeal

Justices Lee Dong-won

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.