Supreme Court: Clan Entity Recognized Even Without Special Organizational Acts or Name Usage

Supreme Court, Seocho-dong, Seoul. Photo by Mun Ho-nam munonam@

[Asia Economy Reporter Kim Daehyun] The Supreme Court has ruled that a Jongjung, a naturally formed group consisting of descendants of a common ancestor, can be recognized as an entity even without using special organizational acts or names.

On the 26th, the Supreme Court's First Division (Presiding Justice Park Jeonghwa) announced that it upheld the appellate court's ruling in favor of the plaintiff in the ownership transfer registration cancellation lawsuit filed by the Chunpogong Daejongjung of the Jeonju Ryu clan against Hwang and others who purchased land from the Yanghojae Daejongjung of the Jeonju Ryu clan.

In the trial, the Chunpogong Daejongjung claimed that the Yanghojae Daejongjung illegally transacted with Hwang and others in 2015 regarding land owned by the Jongjung and even completed the ownership transfer registration, arguing that the transaction made with Hwang and others was invalid. The land in question was granted to Chunpogong in the Joseon Dynasty in recognition of his meritorious service.

Previously, some members of the Yanghojae Daejongjung completed the ownership transfer registration of the land in 1926 under the name of the Yanghojae Daejongjung. Later, in 1981, Mr. A, who was the chairman of the Yanghojae Daejongjung, completed the ownership transfer registration stating that "the land owned by the Jongjung is gifted to the Chunpogong Daejongjung in 1960" under the Special Measures Act on Real Estate Ownership Transfer Registration.

On the other hand, Hwang's side countered that "the registration completed by Mr. A in 1981 was done for his embezzlement purposes, and there was no group actively operating as Chunpogong Daejongjung until 2015." They argued that the actual owner of the land is the Yanghojae Daejongjung and that they legally acquired it from them, so there is no problem.

The first trial accepted Hwang and others' claims and dismissed Chunpogong Daejongjung's claim.

However, the second trial overturned the first trial's ruling and sided with Chunpogong Daejongjung, recognizing the identity between the registered owner of the 1981 ownership transfer registration and the plaintiff Jongjung.

The second trial court stated, "A Jongjung is a naturally formed group established by descendants after the death of an ancestor, and no separate organizational activities are necessary," adding, "Chunpogong Daejongjung has been conducting ancestral rites and managing graves since Chunpogong's death."

It also cited a Supreme Court precedent, stating, "Registrations completed under the Special Measures Act are presumed to correspond to substantive rights, and unless there is proof that the guarantee or confirmation under the Special Measures Act is false or forged, or that the registration was not lawfully made for other reasons, the presumption of ownership preservation or transfer registration cannot be overturned," rejecting Hwang's claim that the presumption of ownership registration in favor of the plaintiff Jongjung was destroyed.

The Supreme Court also agreed with this judgment and dismissed the appeal by Hwang and others.

This content was produced with the assistance of AI translation services.