[직무집행방해배제등가처분신청기각결정][공1987.10.15.(810),1512]
A. Legal relations in cases where some members join a different religious order because their opinions conflict with respect to the change of the church's church.
(b) Possession of the church properties where the church is divided;
A. In a case where the members of a church belonging to a different religious order have the church to which they belong and part of the church remain in the previous religious order because they conflict with each other, while other parts of the church shall pass a resolution to change the church to which they belong and join a new religious order, the original church shall be deemed to have been divided into two churches which belong to the previous religious order by a resolution to change the religious order and by the members who belong to the new religious order.
(b)In the case of the division of a church, the church property shall belong to the collective ownership of the members at the time of the division, unless otherwise specified with respect to the ownership of the properties;
Article 275 of the Civil Act
Supreme Court Decision 84Meu730 Decided February 8, 1985, Supreme Court Decision 84Meu1262 Decided September 10, 1985
Applicant 1 and one other
Seoul High Court Order 85Ra49 Dated April 18, 1986
All reappeals are dismissed.
The grounds for reappeal by applicants are examined.
Since the members of a church who belong to a different religious order have an opinion and some of them remain in the previous church, some of them shall decide to change the church to which they belong, and in case they enter a new religious order, the original church shall be deemed to be divided into two churches who belong to the previous religious order by the members who agree to move to a new religious order, and in case where a church is divided into a church, the church property shall be collectively owned by the members at the time of the division unless there is any special provision regarding the belonging to the church (refer to the judgment of the court below that is 84Meu1262 and February 8, 1985, and that there is no right of applicants to the above church's properties and the right of applicants to the alteration of the church's properties at the time of the division of the church as well as the right of applicants to the alteration of the church's properties at the time of the execution of the church's original church's properties and there is no concern that the members of the church's properties at the time of the division of the church shall be the applicants's properties at the same time of the church.
In addition, in a case where a church that belongs to a different religious order is divided into two different churches from the church to which they belong, the representative of the church at the time of the division shall not be the representative of the church unless the previous pastor withdraws from the church according to the total of the members who are duly convened by the convening authority in accordance with the rules of the church and goes to the new church and is dispatched from the new church to the representative of the new church, while the previous pastor is judged to the purport that he is the representative of the church, and even in a case where some of the members of the church who belong to a different religious order intend to leave the church to belong to the original religious order, the church at the time of the division shall not pass a resolution to leave the church and to join the new church by all the members of the joint council duly convened by the convening authority in accordance with the rules of the church, and therefore, it is not proper to this case.
Therefore, all reappeals are dismissed. It is so decided as per Disposition by the assent of all participating judges.
Justices Yoon Yoon-hee (Presiding Justice)