종중재산의 귀속과 분배에 관한 연구

Abstract

The member of JongJung(Korean Clan Association) sue to distribute it's property, and a lower court received their demand recently. In this paper, sharing of JongJung's property should not be permitted and the reason be as fellowing First, according to the reports of supreme court of Korea, JongJung is unregistered nonprofitable association and the member of JongJung is the co-owner of it's property. But JongJung's property is dedicated to specific purpose, it is used only specific purpose. JongJung is different from associations administering the surface of the sea, village neighboring hillock and so on. If associations administering the surface of the sea, village neighboring hillock break up, it's property is divided to it's member. But If JongJung break up, it's property should be used not for personal purpose for settled destination. Specially the property prohibiting to sell should not be divided to the member of JongJung. Because sharing JongJung's property is unfitted the purpose of foundation of JongJung's, it need to amend the articles of association. It is not permitted the amendment to permit sharing of JongJung's property because it is to change real nature of the association. The judge say that JongJung's property is trusted property. But the trusted property is not for personal benefit but for common purpose. Third, sharing JongJung's property with it's member is to make it's social role lessen, to give good fortune to member who is not to participate in it's meeting, and to harm the man who make a deal with JongJung. It seems that the man, who insist on permitting to share JongJung's property with it's member, think that JongJung play antisocial role in our society. But JongJung have played a importance role in working for the public good and it is necessary for JongJung to explore what it should do for our society.