사단법인 대한불교법화종의안정사등록취소
1. The instant lawsuit shall be dismissed.
2. The costs of the lawsuit shall be borne by C.
1. Facts of recognition;
A. The defendant is an incorporated association established to achieve the doctrine of A.
The plaintiff was registered under A around October 1962, and on June 10, 1988, it is a temple registered as a traditional temple under the Korean Traditional Temple Preservation and Support Act.
B. Since April 29, 1999, the defendant has appointed the plaintiff's chief knowledge in accordance with its constitution.
C. On March 13, 2008, the Defendant appointed D as the Plaintiff’s well-known, and on March 12, 2013, appointed D as the Plaintiff’s well-known, and on March 29, 2013, E is working as the Plaintiff’s well-known.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap 2-5's evidence, purport of whole pleading
2. Judgment on the main defense of this case
A. The defendant's main defense to the safety of the defendant is not the representative of the plaintiff, and the lawsuit of this case filed by C is unlawful as a lawsuit filed by a non-representative of the plaintiff.
B. 1) Determination 1) Where a temple belongs to a specific group by establishing a legal relation with a specific group, it shall be deemed the constituent parts of the relevant association. The specific constitution of the relevant religious group, which is the municipal ordinances and rules of the association with regard to its constituent members, and the final law, etc. are applied to the inspection to which it belongs, the right to appoint and dismiss the chief or autonomous authority of the inspection shall be lost, and the right to appoint and dismiss the inspection shall belong to the relevant specific group (see Supreme Court Decision 93Da60045, Jul. 14, 1995). In addition, a temple, which completed registration in a religious group, which is not a private inspection, shall be an unincorporated association or foundation with its independent legal capacity and ability to be a party. The chief of such inspection shall be concurrently a representative of the relevant inspection, who is a non-incorporated association or organization, and shall have the right to manage and dispose of the inspection property, etc. as seen earlier (see Supreme Court Decision 2005Da10388, Jun. 24, 2005).