소유권이전등기말소등기
1. Revocation of the decision subject to quasi-examination;
2. The plaintiff (quasi-Appellant)'s claim is dismissed.
3. The costs of quasi-examination.
As to the assertion that there is a defect in the power of representation in the quasi-examination of this safety defense, the plaintiff asserts that the quasi-examination of this case, the representative of the defendant D, was unlawful, since the representative D was deprived of widely known qualifications and salivity from the end of the original filial force.
According to the results of the fact-finding on Gap's evidence Nos. 3 through 5 and the Korean non-enzymist's fact-finding, D is recognized to be deprived of his widely known qualification and the deceased. However, since Eul, who was appointed as a new representative from the end group, ratified the re-adjudication of this case, and revised the defendant's representative indication E, it is not acceptable to accept the plaintiff's above assertion.
As to the assertion that the plaintiff has no capacity to be a party, the plaintiff asserts that the defendant does not have the capacity to be a party since there is no belief in the defendant temple.
Inspection means a Buddhist inspection, which is a physical element, has property of the Buddhist temple, such as the Buddhist church, which is an independent organization of the believers, and has good faith, and it is necessary for the temple to carry out social activities with its own life with its own life with the rules as an organization in order to establish that it has the substance as an independent inspection.
(See Supreme Court Decision 9Da42179 delivered on January 30, 2001, etc.). In light of the above legal principles, the defendant temple held not the ability of the party to the inspection of the defendant's inspection since it has been recognized that the defendant's inspection held the assembly of the inspection rules by enacting the inspection rules, while it is possible to recognize the fact that the assembly of the legal association, etc. by the last day is held, comprehensively taking account of the health team, Eul's evidence Nos. 1, 11 through 18 (including paper numbers; hereinafter the same shall apply) and witness F's testimony, the whole purport of the pleading is as a whole.