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(영문) 대법원 1976. 6. 22. 선고 76다832 판결

[소유권이전등기말소][공1976.8.15.(542),9275]

Main Issues

Representatives of temples under the Buddhist Property Management Act;

Summary of Judgment

Pursuant to the Buddhist Property Management Act, only the person who has registered as the chief knowledgeer pursuant to the same Act shall be qualified as the chief knowledgeer. Thus, barring any other special circumstance, only the chief knowledgeer who has registered as the Buddhist organization shall have the power to represent the inspection.

Plaintiff-Appellant

Korea Non-Seo-Jakcheon (Attorney Kim Jong-ho, Counsel for the defendant-appellant)

Defendant-Appellee

Defendant (Attorney Shin-yang et al., Counsel for defendant-appellant)

original decision

Daegu High Court Decision 75Na361 delivered on March 12, 1976

Text

The appeal is dismissed. The costs of appeal are assessed against the Nonparty who is marked as the Plaintiff’s representative.

Reasons

The grounds of appeal Nos. 1 and 2 of the Plaintiff’s Attorney are also examined.

According to the reasoning of the judgment of the court below, the court below completed the registration of the non-party organization as the non-party-appellant of the non-party-appellant of the non-party-appellant of the non-party-appellant of the non-party-appellant of the non-party-appellant of the non-party-appellant of the non-party-appellant of the non-party-appellant of the non-party-appellant of the non-party-appellant of the non-party-appellant of the non-party-appellant of the non-party-appellant of the non-party 2, who was appointed by the non-party-appellant of the non-party-appellant of the non-party-appellant of the non-party 2, and the defendant-appellant of the non-party-party-party-appellant of the non-party-party-appellant of the non-party-appellant of the non-party 2, who was registered as the non-party-party-appellant of the non-party-appellant of the non-party 2, who was not the representative of the non-party-party-appellant of the non-party-party-party-party-appellant.

Therefore, the purport of the judgment below, which held that only the person who registered as the chief of the Buddhist organization under the Act on the Management of Buddhist Property has the authority to represent the Buddhist organization, is justifiable, barring any other special circumstances, the chief of the Buddhist organization registered as the Buddhist organization under the same Act is entitled to be widely known. Therefore, the above purport of the judgment below is that the chief of the Buddhist organization registered as the Buddhist organization has the authority to represent the Buddhist organization under the Act on the Management of Buddhist Property.

Therefore, the appeal is without merit, and the costs of appeal are assessed against the non-party who is represented by the representative of the plaintiff Section. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Young-young (Presiding Justice)