Whether it is limited to the number of common lines and descendants in the establishment of a clan (negative), and whether the use of a name of a clan is in violation of the custom, and whether its substance can be immediately denied (negative)

A clan is a naturally created family organization formed by descendants of a common ancestor for the purpose of protecting the graves of the common ancestor and promoting friendship among their descendants, and is established by their descendants at the same time as the death of the same clan, and there is no limit to the number of their descendants. In addition, even though the use of the name of a clan is contrary to the custom on the use of the name, its substance cannot be denied immediately because it is contrary to the custom on the use of the name.

Article 48 of the Civil Procedure Act

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Han-chul, Attorneys Park Jae-young and 2 others, Counsel for plaintiff-appellant) and 1 other (Law No. 1992, Dec. 26, 1989)

Hongk Law Firm, et al., Counsel for the plaintiff-appellant-appellant from among the spawned Gang Pak-gu Gang-Sengngngng

Defendant 1 and three others

Seoul High Court Decision 90Na5860 delivered on October 18, 1991

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

As to the ground of appeal Nos. 1 and 3 by the Plaintiff Kim Yong-chul, and the proposal

According to the reasoning of the judgment below, since the basic customs, which is the foundation of a clan as a group consisting of the deceased's common ancestor worship and its protection, was formed in the religious and social situation of the deceased's ancestor worship, whether or not a specific clan exists shall serve as the basis for its religious rites and rules, and furthermore, the manual of the deceased's religious rites and the deceased's religious affairs, which are the norm for their religious rites, shall be the case, and if the deceased's religious rites were deceased, the deceased's common ancestor's deceased ancestor's deceased ancestor's deceased ancestor's deceased ancestor's deceased ancestor's deceased ancestor's deceased ancestor's deceased ancestor's deceased ancestor's deceased ancestor's deceased ancestor's deceased ancestor's deceased ancestor's deceased ancestor's deceased ancestor's deceased ancestor's deceased ancestor's deceased ancestor's deceased ancestor's deceased ancestor's deceased ancestor's deceased ancestor's deceased ancestor's deceased ancestor's deceased ancestor's deceased ancestor's deceased ancestor's deceased ancestor's deceased ancestor's deceased ancestor's deceased's deceased's deceased's deceased.

However, a clan is a naturally created family organization formed by descendants of a common ancestor for the purpose of protecting the graves of the common ancestor and promoting friendship between their descendants and their descendants, and there is no limit on the number of their descendants at the same time as the death of the common ancestor. In addition, even though the use of the name of a clan is contrary to the custom regarding the use of the name, its substance cannot be denied (see Supreme Court Decisions 89Meu3630, Jul. 10, 1990; 89Meu1484, Dec. 26, 1989).

The decision of the court below that the clan cannot naturally occur as long as less than four descendants of the common ancestor live, is erroneous in the misapprehension of legal principles as to the establishment of a clan, which affected the conclusion of the judgment. Therefore, the argument that points this out is justified.

Therefore, we decide as per Disposition by the assent of all participating Justices Kim Yong-chul and Seo-chul on the remaining grounds of appeal by the plaintiff, and by omitting judgment on the grounds of appeal by Law Firm Hong, Attorney Yoon Sung-sung, and remand the case to the court below.

Justices Kim Sang-won (Presiding Justice)