[1] The meaning of a clan with its unique meaning and its criteria

[2] Whether part of the rules of a clan violates the essence of the clan and it can be inferred that the clan is not a clan with its own meaning (negative)

[3] The case reversing the judgment of the court below that rejected the claim that the plaintiff clan had been set up before the clan, and that the plaintiff clan was a similar organization of the clan

[1] The unique meaning of a clan is naturally established as a natural family group consisting of adult male members among the descendants of a common ancestor without requiring special organization activities for its establishment. Whether it constitutes a clan in its unique meaning shall be determined by comprehensively taking into account the purpose of the clan, its establishment and formation, the circumstances of the organization, the scope and qualification standards of the members, and the contents of the clan regulations. Thus, it cannot be readily concluded that part of the members of the already established clan became the main members of the clan and elected a representative by preparing the clan rules and convening the general meeting.

[2] If a clan is within its unique meaning, the clan which arbitrarily limited or expanded the qualification of some members of the clan is null and void against the essence of the clan, so it cannot be inferred that the provisions of the clan are contrary to the essence of the clan, and thus, it cannot be viewed that it is not a clan with its own meaning.

[3] The case reversing the judgment of the court below that rejected the claim that the plaintiff clan was formed with the previous clan, and that it was a similar organization of the clan

[1] Article 31 of the Civil Act, Article 48 of the Civil Procedure Act/ [2] Article 31 of the Civil Act, Article 48 of the Civil Procedure Act/ [3] Article 31 of the Civil Act, Article 48 of the Civil Procedure Act

[1] [2] Supreme Court Decision 87Da1915, 1916 decided June 27, 1989 (Gong1989, 1132), Supreme Court Decision 92Da15048 decided September 22, 1992 (Gong1992, 2964), Supreme Court Decision 94Da4907 decided September 15, 1995 (Gong1995Ha, 3375) / [1] Supreme Court Decision 92Da18146 decided December 11, 1992 (Gong193, 445)

○○○○○○○○○○○ (Attorney Yoon Young-young, Counsel for the defendant-appellant)

Defendant 1 and 24 others (Attorney Kim Sang-won, Counsel for the defendant-appellant)

Changwon District Court Decision 94Na5209 delivered on June 9, 1995

The judgment of the court below is reversed, and the case is remanded to the Changwon District Court Panel Division.

We examine the grounds of appeal.

(1) The lower court, based on its evidence, determined that ○○○○○○○○ Family Association’s ○○○○○○○○ and △△△△△△△△, and Nonparty 1 became the middle ○○○○○○○ Family Association’s members, and Nonparty 2, who was five years of age of Nonparty 1, was sleeped under the name of Nonparty 3 and 4, but Nonparty 5 was cut off for Nonparty 4, and Nonparty 6 was slicked, and Nonparty 6 was slicked for Nonparty 7, Nonparty 8 and Nonparty 9’s 9’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s her son’s son’s son.

(2) Examining the reasoning of the judgment of the court below in light of relevant evidence, in determining that the plaintiff is an organization similar to the above artificially created and organized clan, only part of the descendants of the above non-party 2 were the main members of the above non-party 2, and elected a general meeting by setting the rules, and convening a general meeting, and in particular, Article 2 of the plaintiff's rules provides that "the plaintiff's membership may be a member by his own member, as the descendants of the non-party 2 residing in the Gyeongnam-gun-gun-gun-gun-gun-gun-gun-gun-gun-gun-gun by arbitrarily restricting the qualification of a member by arbitrarily restricting the qualification of a member, and thereby expanding the qualification of a member of the non-party 2 to become a member of the clan in the nature of the clan by expanding the qualification of a member of the non-party 2, a woman or a minor who can not become a member

However, the unique meaning of a clan is naturally established as a member of the clan, which is a naturally created clan that consists of not less than adult male among the descendants of the common clan, without any special organization for its establishment. Whether it constitutes a clan shall be determined by considering the purpose of the clan, its establishment and the circumstances of its organization, its scope and qualification standards, and the contents of the clan regulations (see Supreme Court Decision 92Da18146 delivered on December 11, 1992, Supreme Court Decision 94Da4907 delivered on September 15, 195, which is 94Da4907 delivered on September 15, 195, which was well known by Nonparty 2 as the members of the above clan, and it cannot be concluded that the plaintiff was not a member of the above clan nor a member of the above clan, who was convened by Nonparty 8 and Nonparty 9 as the members of the above clan, and was not a member of the above clan nor a member of the above clan, who was selected by Nonparty 1 as the members of the above clan.

In addition, if the plaintiff's own meaning of a clan, as argued by the plaintiff, is restricted or expanded from the qualification of some members of the clan, it shall be null and void against the essence of the clan (see Supreme Court Decisions 92Da15048 delivered on September 22, 1992 and 94Da49007 delivered on September 15, 1995). Article 2 of the plaintiff's rules violates the essence of the clan, and it shall not be viewed that the plaintiff is not a clan with its own meaning (In addition, according to the court below's legitimate recognition, at the plaintiff's general meeting held on February 27, 1994, the provisions on the qualification of members limited to those residing in the territory of the head of the previous clan, which limit the qualification of members to those residing in the head of the Gu among the previous rules, so that the descendants of 00 ○○○○○ non-party 2 may become a member).

Therefore, even though the court below should have deliberated more on the plaintiff's substance and tried to determine whether to title trust the real estate of this case, the court below dismissed the plaintiff's claim by deceiving the plaintiff as an organization similar to a clan newly created by the plaintiff, and dismissed the plaintiff's claim. The court below erred by failing to exhaust all necessary deliberations or by misapprehending the legal principles on clans, and it is obvious that such illegality affected the judgment, and therefore, it is reasonable to point this out.

(3) Therefore, without examining the remaining grounds of appeal, we reverse the judgment of the court below and remand the case to the court below. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Don-hee (Presiding Justice)