종중재산을 둘러싼 법적 분쟁에 관한 연구

The legal disputes concerning the properties of Jongjung(families of same clan) are classified into two groups. One is a dispute occurring between Jongjung and its members, the other is a dispute occurring between Jongjung and a third party in the course of the disposition of Jongjung's properties. I study the several aspects of these disputes and address several legal issues that must to be kept in mind when handling cases concerning Jongjung's properties. First, I introduce the legal issue originated from the differences between Jongjung and Quasi-Jongjung, which is a popular issue in numerous Jongjung's cases, and deliver my opinion about the way how to tell the differences between them. Second, I analyze the ten-parts test that is used to determine whether Jongjung and its members had made a title trust agreement, and present the way how to weigh the each factor in such a case. Next, I examine the principle of law about the disposition of Jongjung's properties. And I deliver my own opinion that in a case where the safety of trade about Jongjung's properties is questioned, court should be more careful in invalidating the resolution which was made in a general meeting of Jongjung. Finally, I agree to the opinion that Jongjung's properties can be distributed among its members, and present the standards that can be used in determining the fairness of distribution of Jongjung's properties, and show my opinion about some issues that will be helpful in dealing with a distribution case.