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(영문) 춘천지방법원강릉지원 2016.12.13 2016나414
통장등인도
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal are assessed against C (S) who is represented by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a clan that consists of descendants of 529 years old, derived from T’s 20-year-old U, which consists of the following: V 29 years-old descendants; and the Plaintiff’s L (30 years-old descendants) is a minor group.

B. The Plaintiff’s clan’s clan’s clan’s clan’s clan’s clan’s clan’s clan’s clan’s Y (32 years of age), Y (32 years of age), Z (33 years of age), AAB (35 years of age), AC (36 years of age), and AD (37 years of age) are the Plaintiff’s son (35 years of age) who is the representative of the Plaintiff’s clan’s clan in the instant complaint.

C. On February 27, 2014, C opened a clan general meeting at the home of the M [36 years of age as the children of the AG (35 years of age) located in the Sincho-si (which is the 35 years of age of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea) at the seat of D, E, E, AH, G, H, I, and J, but C was appointed as the representative of the Plaintiff clan at that general meeting.

(hereinafter “instant resolution”). 【No dispute over the grounds for recognition”, Gap’s evidence Nos. 2, 3, and Eul’s evidence No. 5, the purport of the entire pleadings

2. Determination as to the legitimacy of the instant lawsuit is a naturally created clan group composed of members for the purpose of protecting the graves of a common ancestor, promoting friendship among their members, etc. Therefore, in light of the above purpose and nature of a clan, the descendants sharing the same origin and origin of a common ancestor shall naturally become its members when they become adult, without distinction of gender, in light of the purport and nature of a clan.

Unless there are special circumstances, the general meeting of a clan shall determine the scope of the members of the clan subject to notification for convocation by the clan, and give each person an opportunity to participate in the meeting, debate, and resolution of the general meeting of a clan held without notice for convocation to some members of the clan, by individually notifying all members of the clan who are clearly residing in the Republic of Korea and their whereabouts are clearly known.

(see, e.g., Supreme Court Decision 2007Da34982, Sept. 6, 2007). The resolution of this case was adopted at a clan general meeting at which the court attended, as seen earlier, at the clan meeting, C, D, D, AH, G, H, I, and J. However, Gap evidence 3, and Eul.

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