건물소유권확인
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasoning of the court's explanation of this case is as follows, except for the second instance court's order from 7th to 16th (Paragraph 3) of the first instance court's decision, and therefore, it is identical to the reasoning of the first instance court's decision. Thus, the court's explanation of this case shall be cited by the main sentence of Article 420 of
◎ 고치는 부분 "3. 원고와 기존교단의 동일성 여부에 대한 판단
(a) It is not allowed to divide an unincorporated association which results in the result that the properties of the association before it is divided and divided in two or more group withdrawals from the members of the unincorporated association are collectively reverted to each member of the divided associations;
On the other hand, the members shall jointly own the church properties and use them and gain profit from them, and if some of the members leave the church and lose their status as the members of the church, whether the withdrawal is individual or group, or lose the status of participating in the resolution on the management and disposal of the properties jointly owned by the previous church, or the right to use and gain profit from the properties thereof. The previous church shall continue to exist with the remaining members while maintaining the consistency of its substance, and the properties of the previous church shall be jointly owned by the remaining members of the church (see, e.g., Supreme Court en banc Decision 2004Da37775, Apr. 20, 2006). Such a legal principle shall be equally applied to the existing church which falls under an association that is not a juristic person.
However, it shall not be always deemed that some members move to a different religious order with a resolution to change the name of a different religious order while they always leave the different religious order. Whether the members who agreed to the above resolution can be evaluated as collectively leaving the previous religious order in accordance with the general principles of interpretation of juristic acts, and whether they expressed their intent to leave the religious order in accordance with the general principles of interpretation of juristic acts, the doctrines and the names of