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1. The part of the first instance judgment against the Defendants shall be revoked.
2. The lawsuit of this case against the Defendants is dismissed.
3...
Reasons
1. Determination on the defense prior to the merits
A. With respect to the party ability, the defendants' defenses of the defendants were made up of 15 members of the plaintiff's clan (No. 2) which was submitted by the plaintiff, and limited to the 15 members of the plaintiff's clan at the time of the plaintiff's clan, and did not exist in the above list of members of the defendant's clan. Since part of the descendants cannot be viewed as a clan with the substance of an association with no legal capacity to be merely a non-permanent organization organized by their own descendants, the plaintiff's lawsuit of this case raised by the plaintiff without the capacity to be a non-party is unlawful. 2) The related legal reasoning is that the lawsuit of this case raised by the plaintiff without the capacity to be a non-party is a naturally created family organization formed by the descendants of the joint ancestor for the purpose of protecting the graves of the relevant vessel and promoting friendship between their descendants and descendants, and if the plaintiff has continued activities to be organized to the extent represented by the representative elected according to the rules or customs of the clan, the issue of whether the non-party nature of the clan is recognized as a non-party.
(See Supreme Court Decision 91Da31661 Decided November 26, 1991, Supreme Court Decision 97Da18547 Decided December 9, 1997, Supreme Court Decision 2009Da95387 Decided March 25, 2010). In addition, in light of the purpose and nature of a clan as mentioned above, it is reasonable to view that the descendants sharing the same family name with a common vessel naturally become a member of the family if they have attained majority without distinction of gender.
(See Supreme Court Decision 2007Da34982 delivered on September 6, 2007). Accordingly, the clan rules, which restrict or expand the qualification of some members of the clan by preparing the clan rules, such as the articles of association, are null and void against the essence of the clan.
(See Supreme Court Decision 96Da25715 delivered on November 14, 1997). 3 Judgment A, 1, 2, 8 through 17, 23.