[소유권확인][공2003.12.15.(192),2325]
[1] Whether the provisions of the Civil Act on a liquidated juristic person shall apply mutatis mutandis to cases where the members of a church, which is a non-corporate body, do not exist (affirmative)
[2] The case holding that in case where Gap, one of the members of a non-corporate association, suspended worship of a church, passed a resolution to leave the church to another church, keeps and manages the properties of the church, and the compensation is set for the church building, the person who conducts the liquidation business for the settlement of the compensation for the above church shall be Gap who was appointed as a liquidator by the members in an implied manner at the time of dissolution
[1] As to the non-corporate body, the provisions of the Civil Act concerning the non-corporate body, excluding the premise of corporate personality, should be applied mutatis mutandis. Therefore, in cases where there is no member of a church which is a non-corporate body, the church shall be dissolved and its member shall be the subject of rights and obligations within the scope of the purpose of liquidation after entering into the liquidation procedure. In such cases, if the general assembly of the non-corporate body selects a person to perform its duties in the future at the time of dissolution, the appointed person shall conduct liquidation on behalf of the non-corporate body in the course of liquidation, by analogy of Article 82(1)
[2] The case holding that in case where Gap, one of the members of a non-corporate association, has kept and managed the properties of a church after the members of the church suspended worship and decided to leave the church to another church, and the compensation is set for the church building, the person who conducts the liquidation business for the settlement of the compensation for the above church shall be Gap who was appointed as a liquidator in an implied manner by the members at the time of dissolution.
[1] Articles 77, 81, and 82 of the Civil Act / [2] Articles 77, 81, and 82 of the Civil Act; Article 52 of the Civil Procedure Act
[1] Supreme Court Decision 92Da23087 delivered on October 9, 1992 (Gong1992, 3113)
[Defendant-Appellee] ○○○○○○ Association (Attorney Song Jin-jin, Counsel for defendant-appellee)
Defendant (Attorney Lee Young-hoon et al., Counsel for the defendant-appellant)
Seoul High Court Decision 2000Na58776 delivered on May 9, 2001
The appeal is dismissed. The costs of appeal are assessed against the defendant.
With respect to the non-corporate body, the provisions of the Civil Act concerning the non-corporate body, excluding the premise of corporate personality, shall apply mutatis mutandis (see Supreme Court Decision 92Da23087 delivered on October 9, 192). In case where there is no member of a church who is a non-corporate body, the church shall be dissolved and entered into the liquidation procedure and become the subject of rights and obligations within the scope of the purpose of liquidation. In this case, if the non-corporate body selects a person to perform its future duties at the general meeting of the non-corporate body at the time of dissolution, the appointed person by analogy of Article 82 of the Civil Act shall conduct liquidation duties on behalf of the non-corporate body during the liquidation as a liquidator.
According to the facts and records acknowledged by the court below, some of the members of the above 100 church belonging to the above 1975 church were newly constructed a church on the forest as stated in the judgment of the court below and opened its independent religious activities. The plaintiff church is established, and the members of the next 80 church are members of the church. However, due to the rapid decline in the coal mining industry in accordance with the government's policies for rationalization of the coal industry, it is difficult to see that the acceptance of the plaintiff church is reduced rapidly, and therefore, the members purchased the neighboring church finance of December 1993 and sent 10 times to this place, but all of the members of the above 197 church were allowed to leave 7 times as the remaining members of the above 197 church, and the remaining members of the 16th church were to leave 5 times as the members of the above 197 church, and the remaining members of the plaintiff church were to leave 160 times as the members of the above 5th church as the members of the above 196th church.
On the other hand, the plaintiff church continues to exist within the scope of the liquidation purpose of the disposition of the above compensation as a non-corporate body during the liquidation, so the plaintiff church can claim the right to receive the above compensation as the lawsuit of this case in order to handle the liquidation affairs.
Although some of the judgment of the court below is insufficient or inappropriate, it is just in conclusion that the right to receive the above compensation belongs to the plaintiff, and there is no error of law that affected the conclusion of the judgment due to the interpretation of the resolution of January 18, 1997, interpretation of the resolution of January 18, 1997, the decision of dissolution and the reversion of the residual property of the dissolved corporation in the non-corporate association, the method of appointing the liquidator, the ability of the liquidated corporation to exercise the right, etc.,
Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Shin Shin-chul (Presiding Justice)