(a) Where the organization can be recognized as an unincorporated association even though it does not have the original meaning of clans;

(b) The case holding that it is difficult for the above door to have the substance of an unincorporated association as a species group of residents living in a specific area, in case where there were no rules to form the door with adult male residing in the specific area among the descendants, and there were circumstances such that adult male, among the descendants thereafter, is registered as a whole as a paper member regardless of the area of the area, etc., and the above door has the substance of an unincorporated association as a species group of residents living in the specific

A. The original clan is a naturally occurring clan organization formed by the descendants of the common ancestor for the purpose of protecting the graves of the ancestor and promoting friendship among their descendants, and is established by their descendants at the same time as the death of the ancestor. Thus, it cannot be viewed as a clan consisting solely of residents of a specific area or persons within a specific scope among the descendants, but if it is possible to recognize the substance of the organization as an organization because it constitutes an organization for the protection of the graves of the ancestor and the worship and friendship among their descendants, it may be recognized as an association with no legal capacity, regardless of its original meaning.

B. The case holding that, among the descendants of the joint ancestor, in case where there was no rules by which adult male residing in a specific area and has deep relations with other adult male living in a specific area and at all, a convocation of a general meeting of literature has been held; in the register of the members of the family council among the descendants of the joint ancestor, adult male among the descendants of the joint ancestor was registered as a member of the family council regardless of his residential area, and in convening a general meeting of the members of the family council for the appointment of the successor representative, if the convocation procedure for the above whole members was followed, it is difficult to conclude that the above door is a clan group of the residents of the specific area, which is separate from the original clan, and has been equipped with the substance of an unincorporated association of the legal capacity.

Article 48 of the Civil Procedure Act

A. (B) Supreme Court Decision 91Da2905 delivered on April 24, 1992 (Gong1983,192) (Gong1983,192), Supreme Court Decision 81Da372 delivered on November 23, 1982 (Gong1983,192), June 27, 1989 (Gong1989,1132), Supreme Court Decision 90Da2537 delivered on January 29, 191 (Gong191,864)

The Head of Jeon-ju shall be the Cropicals of the Sari-Sari-Sari-Sari-Sari-gu

Defendant (Appointed Party)

Gwangju District Court Decision 90Na4835 delivered on December 19, 1991

The appeal is dismissed.

The costs of appeal are assessed against the representative of the Plaintiff’s door.

We examine the grounds of appeal.

1. The court below determined the legitimacy of the lawsuit of this case concerning the plaintiff's ability of the plaintiff's door, and since the plaintiff's door among the descendants asserted by the plaintiff's representative is composed of the 35-year old-old 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 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 son's son's son's son's son's son's son.

2. The original clan is a naturally occurring organization formed by the descendants of the common ancestor for the purpose of protecting the graves of the ancestor and promoting friendship among their descendants and for the purpose of promoting friendship between their descendants, and thus, a clan consisting solely of residents of a specific area or persons within a specific scope from among their descendants shall not be a member of the clan: Provided, That where the organization is formed and operated by a resident of a specific area or a person within a specific scope for the purpose of protecting graves, maintaining dys and promoting friendship, it may be possible to recognize the organization as an unincorporated association without a clan within the original meaning or as an unincorporated association (see, e.g., Supreme Court Decisions 90Meu2537, Jan. 29, 191; 87Meu15, Nov. 15, 1916; 27, 1989; 200Da237, Nov. 37, 1982).

3. According to the plaintiff's assertion in this case, the plaintiff's door consists of men aged 20 years or older who live mainly in the jurisdiction of the Jeonnam-gun, Bosung-gun, Bosung-gun, Bosung-gun, Bosong-gun, and Boscheon-gun, who live mainly in the jurisdiction of the Jeoncheon-gun, and have a deep relationship with his literature among the descendants of the joint ancestor, since it cannot exist in the unique nature of the clan's own possession, the plaintiff's door shall not be deemed to be a clan of its original meaning.

Meanwhile, according to the records, on March 20, 198, the plaintiff's door consists of only 13 persons, including the representative, officers, and 13 persons, who are regional representatives, among the 196th members, among the 196th members, who jointly set up a rule to form the plaintiff's door for men aged 20 years or older who reside in the specific area as seen above (Evidence 7), and on December 4, 1988, it is difficult to conclude that the 6th members of the 19th members of the 7th members of the 19th members of the 5th members of the 19th members of the 7th members of the 19th members of the 1st members of the 7th members of the 19th members of the 1st members of the 19th members of the 1st members of the 1st members of the 7th members of the 1st members of the 7th members of the 1st members of the 19th members of the 1st members of the 7th members of the 1st members of the 1st members of the 7th members of the sium.

4. Therefore, the court below is justified in its conclusion that the plaintiff's door does not constitute a clan of its original meaning, but there is no room to find that the plaintiff's door has the substance as an unincorporated association composed of rights separate from the original clan as seen above (in addition, even if the plaintiff's door has a nature as a clan separate from the original clan in its own case, since there is no evidence to prove the cause of the claim in this case, the plaintiff's claim is not reasonable, but it is merely a constructive judgment). Ultimately, the court below's decision that did not recognize the party's ability in the plaintiff's door is justified in its conclusion, and there is no error of law such as violation of the rules of evidence, incomplete hearing, or mistake of facts or a mistake of reasoning due to the non-exercise of the right to request the name of the plaintiff, etc.

5. Therefore, the appeal is dismissed, and the costs of appeal are assessed against the representative of the Plaintiff’s door who is the representative. It is so decided as per Disposition by the assent of all participating Justices.

Justices Park Jong-dong (Presiding Justice) Kim Sang-ho (Presiding Justice)