Where the representative is not appointed continuously in a clan and it is necessary, the ability of the party concerned shall be selected every time.

The representative of a clan shall not be able to become a party to the clan because he/she is appointed according to the custom unless there is a provision, and the representative has not been continuously selected and appointed.

Article 48 of the Civil Procedure Act

Madan Crop Maca

Defendant

Chuncheon District Court Decision 67Na26 delivered on October 5, 1967

The original judgment shall be reversed, and

the case is remanded to the Chuncheon District Court Panel Division.

The first ground for appeal of the plaintiff's representative is examined. The judgment of the court below is a non-corporate body or foundation which is not a juristic person provided for in Article 48 of the Civil Procedure Act, and the representative or manager has been appointed pursuant to the rules of the clan or the clan, and it is not normally possible to select the forest land of this case registered in the name of the non-party as the owner of the plaintiff's clan. In this case, the plaintiff's clan claims that the forest land of this case is registered in the non-party's name and the non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's representative and the non-party's non-party's non-party's non-party's non-party's non-party's representative is confirmed by the records of this case. Thus, the plaintiff's claim for this case is dismissed.

However, a clan member is a religious group for the purpose of protecting the graves of the common ancestor, conducting religious services and promoting friendship among the members of the clan, and its representative shall be appointed according to the rules of the clan, and in absence of such rules, he shall have the ability to be appointed according to the custom, and in absence of such rules, he shall not be able to be a party. Despite the fact that the representative has not been appointed continuously, the decision of the court below shall not be erroneous, and this would have affected the result of the decision, and therefore, the decision of the court below shall not be reversed without making a decision on the remaining grounds of appeal.

Therefore, the case shall be remanded to the collegiate division of the Chuncheon District Court which is the original judgment. It is so decided as per Disposition by all participating judges.

Supreme Court Judge Madung (Presiding Judge) Kim Gung-bun and Madlebro