B. The Defendants shall not, on their own initiative or by a third party, engage in any and all acts interfering with the Plaintiff’s use of real estate listed in the separate sheet No. 1.

C. When the Defendants committed an act in violation of the obligations described in paragraphs (a) and (b) of the above 1-A, the Defendants who committed the act in violation shall pay to each Plaintiff the amount equivalent to KRW 300,000 per day of the violation.

2. (a) Defendant 1 shall not have access to the real property listed in paragraph 2 of the attached Table.

B. Defendant 1 shall not engage in any act interfering with the Plaintiff’s use of the real estate listed in [Attachment 2] list.

C. When Defendant 1 committed an act in violation of the above 2-A, paragraphs (a) and (b) of this Article, he shall pay to the Plaintiff an amount equivalent to KRW 300,000 per day of the violation.

3. The plaintiff's remaining claims are dismissed.

4. Of the litigation costs, 10% is borne by the Plaintiff and the remainder by the Defendants respectively.

The following facts may be acknowledged by taking into account the following facts: Gap evidence 1, Eul evidence 2 and 3-1 to 4, Eul evidence 4-1, 2-5-1 to 4, Gap evidence 6-1, 2, 3, Gap evidence 7, 8-2, Gap evidence 9-1 through 7, Gap evidence 10-1 to 5, Gap evidence 13, 15, 19, Eul evidence 1, 2, 3-1, 4, Eul evidence 5-1, 2, 3-1, 5-2, 8-1, 5-2, 8-2, and 2-2:

A. Status, etc. of parties

(1) Since its establishment on April 15, 1969, the Korean Egymnasium Association (hereinafter “previous church”) was a branch church belonging to the Korean Egymnasium Seoul Association of Egymnasium (hereinafter “Seoul Association of Egymnasium”). As the money of its members, the real estate listed in paragraph (1) of the attached Table (hereinafter “instant church building”) and the real estate listed in paragraph (2) of the attached Table 2 of the attached Table (hereinafter “instant church church”) acquired the church’s religious services and properties, administrative affairs, company houses, etc., and paid various taxes. However, at the time of its acquisition, the title of the church was in the future of the Seoul Association of Egymnasium, Korea Foundation of Egnasium, Seoul.

(2) Defendant 1 was in office as the chairman of the previous church and as the members of the previous church were filed with a petition from some of the members, and around May 30, 1996, Defendant 1 expressed his intention of resignation as to the members of the previous church, and on August 30, 1996, Defendant 1 sent Nonparty 13 to Nonparty 13 as the temporary member of the previous church on August 30, 1996.

B. The Defendants’ resolution to withdraw from the Seoul Munoo Association

(1) On January 16, 1997, the Seoul High Court Decision 201Hun-Ga45 decided that the defendant 1 was dismissed from office by applying the crime of inhumane and illegal neck to the defendant 1. The above defendant filed an appeal against the Korea High Court Decision 201Hun-Ga48 decided July 8, 1997.

(2) Accordingly, on July 11, 1997, Defendant 1 held a party meeting on his own on or around 20:40, and the above party meeting did not give notice to Defendant 1, the senior Nonparty 1, Nonparty 1, 15, 11, 16, 17, 18, 9, and Defendant 2, 3, 4, 5, and Nonparty 10, who are vice-party 10, during the 13-party meeting, and did not give notice to Defendant 1, the first party meeting on July 11, 1997, and the second party’s non-party 2, 3, 4, 5, and the second party 10.

(3) The general assembly of the members (hereinafter referred to as the “instant general assembly”) held in accordance with the above convening procedure declared the opening of Nonparty 14 as the Speaker pro tempore, and then elected Nonparty 16 as the Speaker pro tempore. At the instant general assembly, 1,121 members (1,539 members of the instant church who could exercise voting rights at the time) who support Defendant 1 were the three-party members of the instant general assembly (1,539 members of the instant church were the three-party members of the instant church) who left the religious order and the Seoul Labor Association and decided to leave the religious order and the Seoul Labor Association and become an independent church (hereinafter referred to as the “an independent church of this case”), and Defendant 1 as the members of the independent church.

(4) At the time, the resolution of the instant assembly of the members was closed, and at the time, Nonparty 19’s house was dismissed and sent out to four (4) the head of the instant association, the withdrawal from the religious order and the withdrawal of the association, and the withdrawal of Defendant 1’s house from Defendant 1’s association were resolved in a lump sum, and the members agreed to the resolution of the instant assembly of the members, and Nonparty 16, the chairman of the instant association, passed the resolution at the unanimous meeting, and the list of the members with voting rights of the previous church was not prepared and kept in advance at the time.

(5) After that, on July 23, 1997, Defendant 1 published a public notice stating that he withdraws from the Korean War Association of Korea, which was affiliated with the previous church, to the Korean War Association of Korea.

(c)the relevant provisions of the Constitution of the Republic of Korea;

Article 64 (Organization of Party Meeting)

The Council shall be comprised of pastors, assistant pastors, and chiefs who hold office in a branch church.

Article 66 (President of Party)

The president of the political party shall be appointed by the Labor Association as follows:

1. The president of a branch church shall be the secretary general of the branch church;

2. The president of a temporary political party shall dispatch and send it when a vacancy occurs in the president of a political party.

3. The chairman of the substitute party may, when the chairman of the party concerned is in existence, or when there are other circumstances, have those delegated by the chairman of the party concerned or those recommended by an agreement of the party members act as proxy for the chairman. The chairman of the substitute party has no right to vote.

(3) Article 68 (Meetings of Political Parties)

The meeting of the council shall be convened by the chairman in the following cases:

1. Where the chairman of a political party needs to convene a meeting;

2. Where not less than half of the members are requested to convene a party meeting; and

3. Where the regular session instructs the convocation of the meeting; and

(4) Joint Council

The Joint Council shall be as follows:

1. The members of the joint council shall be the persons who suffered the defects in the branch church;

2. The joint council shall be convened by a resolution of the party council, and shall advertise to the church at the time, time, place, and agenda one week before the meeting is held;

3.The Joint Council shall be convened by a resolution of the Council in the following cases:

1) The meeting needs to be convened.

2) When the petition is filed by the Executive Council.

3) When a petition is filed by not less than 1/3 of the persons who suffered from a defect (s).

4) Where the order of the commercial conference is given.

4. The joint session meetings may be held by members holding the meeting; and

5. The resolutions of the Joint Council shall be as follows:

1) Matters presented by the meeting of the political party;

(ii)budget and settlement of accounts;

(iii)an election of staff member;

4) Matters directed by the ordinary association

6.The resolution of the Joint Council shall be adopted by a majority, unless otherwise specified.

7. The chairman and clerk of the joint council shall be the chairman and clerk of the party council; and

D. Disputes between the Plaintiff and the Defendants

(1) On July 20, 1997, Defendant 1 withdrawn from the Seoul Magazine Association, established the dysium, an independent church, and up to now, is in possession of the church building of this case and the church church of this case. The remaining Defendants are those who possess the church of this case as the head of the above independent church.

(2) After the previous church was divided into the plaintiff church supporting the defendant 1 and the plaintiff church opposing it, the plaintiff church is affiliated as it belongs to the Seoul Magazian Association, and the plaintiff church legitimately opened the church as a standing pastor in accordance with the religious order constitution, and then its delivery leases a commercial building located in the place where the church building of this case is located in the place where the church of this case is located under its delivery and reports the worship from the above building separate from the defendant's side.

2. The assertion and judgment

A. The parties' assertion

The plaintiff is a branch church that belongs to the order of the Korea Veterans Association, and defendant 1 moved to part of the supported members and set up the independent church of this case. It is merely that some of the members left the previous church in group, and the plaintiff church consisting of some of the members who want to remain in the above order and is in office of the above religious order while maintaining the consistency as the previous church. Thus, the defendants asserted that the defendants and defendant 1 lost their right to use and use the church building of this case and the church of this case, which are the joint ownership property of the previous church members and the right to use and use the church of this case, while they have no legitimate title to occupy and use the church building of this case and the church of this case by entering or towing the church of this case, and therefore, they claim against the defendants and defendant 1 for the prohibition and prohibition of access to the church building of this case and the church of this case, and claim against the above defendants to pay the amount of money in proportion to one million won per day of the violation day.

As to this, the defendants did not separately prescribe the requirements or procedures for the withdrawal from the religious order in the previous church's constitution, so it is sufficient to resolve the withdrawal from the religious order in the way corresponding to the procedures of the general assembly of the association. The previous church notified the members of the opening of the joint council through the bulletin advertisement on July 13, 1997, and the defendant 1 pastor who was the 16th head of the representative church or the chairman of the previous church convened the joint council on February 20, 1997 and passed a resolution to the withdrawal of the Korea Empic association and the Seoul Empic association with voting rights after convening the joint council on February 20, 1997 with the consent of 2/3 or more of the members with voting rights. Thus, the previous church's substance exists as the independent church of this case where the church of this case and the church of this case collectively belong to the members of the independent church of this case, which is the independent church of this case and the defendants who are the members of the church of this case.

B. Determination

(1) Determination of the cause of the claim

As long as a church exists as an association which is not a juristic person, in resolving disputes over its legal relations in a civil lawsuit, the essence of the church shall be determined in accordance with the general theory of the Civil Act concerning an association which is not a juristic person, and the members shall jointly own the properties of the church and use and profit from the church. Meanwhile, in cases where it is recognized that a branch church which has joined a specific religious order has accepted the constitution prescribed by the religious order as its own rules, the change of the religious order actually results in changing the rules of the branch church that correspond to its own rules. If the branch church has its own rules, the change of the religious order entails changes in matters included in the rules of the branch church, such as the name or purpose of the branch church, and therefore, the change of the religious order requires a resolution by 2/3 or more of the members with voting rights in accordance with the amendment of the articles of incorporation of the association, and if it does not reach 2/3 of the members with voting rights who have agreed to leave the religious order, the previous church still belongs to the previous religious order (see Supreme Court en banc Decision 2007Da74.74.

(5) As to whether or not the resolution of the previous general assembly of the members of the church had gone through legitimate procedures for convening the previous general assembly and the method of resolution, the following circumstances acknowledged by the overall purport of arguments, i.e., the previous church does not have separate regulations, and it constitutes an association that forms an executive body, such as the joint council members and the joint council members, etc.; ② The resolution on leaving or changing the religious order, such as the resolution of the general assembly of this case, has a significant impact on the members of the church; ③ the convening procedures for convening the general assembly or convening the general assembly of this case and convening the temporary general assembly of this case, which is not in conformity with the resolution of the previous general assembly of this case, shall be deemed as null and void by the resolution of the general assembly of this case; ④ The resolution of the general assembly of this case, which is not in conformity with the resolution of the general assembly of this case, shall be deemed to have been adopted by the general assembly of this case, which is a part of the opposing members of the general assembly of this case, and the resolution of this case, which is still in accordance with the resolution of the previous general assembly of this case.

Therefore, the previous church is a branch church that belongs to the order of the Korea Buddhist Temples Association, even though Defendant 1 led some of the supported members to leave the order and established the independent church of this case, it is merely that some of the members left the previous church collectively, and since the plaintiff church consisting of some of the members who want to remain in the above order and is employed by the pastor who dispatched from the order while maintaining the consistency as the previous church, the defendants lost their right to use and benefit from the church building of this case and the church of this case, which are the collective property of the members of the previous church, and they shall not have access to the church building of this case, and they shall not perform any act interfering with the plaintiff's use of the church building of this case by themselves or by a third party, and defendant 1 shall not have access to the church of this case and shall not perform any act interfering with the plaintiff's use of the church of this case as to the church of this case.

Furthermore, as recognized earlier, there was a dispute over several occasions between the Plaintiff and the Defendants since July 20, 197, and even during the lawsuit of this case, the Defendants still have been interfering with the Plaintiff’s possession, use, etc. while occupying, using the instant church building and the instant church site. In light of all circumstances revealed in the pleadings, even if the title of debt ordering the Defendants to prohibit, the Defendants may violate this prohibition within a short period, and it is possible to calculate reasonable amount of compensation in accordance with Article 261 of the Civil Execution Act on indirect compulsory performance. Thus, if the Defendants committed an act violating the prohibition obligation on the instant church building recognized earlier, the Defendants who committed an indirect compulsory performance should pay damages at the rate of 300,000 won per day of violation to each Plaintiff, and if Defendant 1 committed an act violating the prohibition obligation on the instant church site, the Defendants should pay damages at the rate of 300,000 won per day of violation, and each of them should be paid to the Plaintiff at the rate of 10,000 won per day of violation.

(2) Judgment on the defendants' assertion

As to this, the Defendants asserted that: (a) the Plaintiff, who did not possess the instant church building and the instant church site, first filed a request for evacuation against the Defendants, who are the possessory right holder; and (b) the instant independent church, after its withdrawal from the previous church, repair, remodel, and extend the church property with the contribution of the members for ten years to the present day; and (b) the instant independent church association attached to the church property with its independent title; (c) as such, the Plaintiff asserted that the ownership of the attached object of the said church property [the portion of remodeling stipulated in subparagraph 16-1(c) and the part of the facility luminous (extension, etc.) stipulated in subparagraph 16-2 of the evidence No. 16-2] cannot be asserted.

First of all, as to the claim against the Defendants, who are the possessor of the right of possession, to prohibit and prohibit access, the plaintiff, who is the owner of the church building of this case and the church of this case, may claim removal on the basis of the right to claim removal of interference based on the ownership in a case where there exists a situation in which the content of ownership has not been realized by any means other than the deprivation of possession. Thus, the plaintiff, who is the owner of the church of this case, may claim removal on the basis of the right to claim removal of interference based on the ownership. Thus, the plaintiff, without filing a request against the defendants who interfered with the use and profit-making of the church building of this case and the church of this case, may claim removal of interference as part of the removal

Next, with regard to the assertion that the instant independent church attached to the above church's properties [the remodeling part of the evidence No. 16-1-c), Eul No. 16-2 of the evidence No. 16-2 of the above church's property attached with its independent title [the remodeling part of the evidence No. 16-1-c), and Eul-2 of the evidence No. 16-2 of the above], the attachment and combination should reach a certain extent in order to change ownership due to the combination. In addition, if the extended part is deemed to correspond to the existing building, not only the physical structure attached to the existing building, but also whether the extended part can be deemed to correspond to the existing building's use and function, and the intention of its owner shall be determined by comprehensively considering whether the extended part can be the separate object of the transaction with its independent economic utility from the existing building, and it is difficult to view that each description of the above evidence No. 16-1 and 2 of the above subparagraphs alone constitutes an independent object of title.

3. Conclusion

Therefore, the plaintiff's claim of this case against the defendants is justified within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

[Attachment]

Judges Kim Jin-young (Presiding Judge)