[예배방해배제등가처분][공1985.11.1.(763),1323]
(a) Legal relations in case where part of the members join a new religious order because the intention of the members is in conflict with each other with respect to the change of the church attached to the church;
(b) Where a church is divided, the relationship between the ownership of the church properties and others;
(c) Scope of the effects of the church authority judgment;
A. The members of a church that belongs to a different religious order shall have the church to which they belong, and some of them shall continue to exist in the previous religious order, while some of them shall pass a resolution to change the church to which they belong and where they belong to a new religious order, the original church shall be deemed to be divided into two churches which belong to the previous religious order and the members who agree to move to a new religious order by the church that belongs to the new religious order.
(b)In case where a church is divided and there is any provision concerning the reversion of the properties, but the church properties shall belong to the collective ownership of the members at the time of the division, unless otherwise provided;
C. A church's disciplinary judgment is subject to judicial review, and its validity and enforcement are left to the autonomy of the church inside the church, but it cannot be said that it has an effect on the pastors or the members who belong to the church and who belong to the church, as well as on the relation to the pastors or the members belonging to the church.
(b)Article 275(c) of the Civil Procedure Act;
(b) Supreme Court Decision 70Da2478 delivered on February 9, 1971; 84Meu730 delivered on February 8, 1985
The Korean President of the Korean Veterans Association, the Korean President of the Gu, the Korean President of the Gu;
Respondent 1 and 7 others
Gwangju High Court Decision 83Na580 delivered on May 18, 1984
The judgment below is reversed, and the case is remanded to the Gwangju High Court.
We examine the grounds of appeal by the respondent.
According to the reasoning of the judgment of the court below, the Gu church's 1,000 US church's Respondents, which had been established around May 1903, the above 197 church's pre-existing church's pre-existing church's pre-existing church's pre-existing church's pre-existing church's pre-existing church's 7th church's pre-existing church's pre-existing church's office. After the pre-existing church's pre-existing church's pre-existing church's office's dismissal from the pre-existing church's pre-existing church's office, the pre-existing church's pre-existing church's office's dismissal from the pre-existing church's 7th church's office, and the pre-existing church's dismissal from the pre-existing church's office's pre-existing church's office's pre-existing church's office's dismissal from the pre-existing church's office's 1,000 pre-existing church's office's 31.
However, even if the members of a church belonging to a different religious order agree with each other and some of them remain in the previous church, it shall be deemed that the church originally belongs to the previous religious order and the members who agree to move to a new religious order are divided into two different churches, and in the case of the division of a church, the church's properties collectively belong to the members at the time of the division and the members who agreed to move to the new religious order, and in the case of the division of a church, it shall be deemed that the church's properties collectively belong to the members at the time of the division, and in the case of the division of a church, it shall be deemed that there are no special provisions regarding the belonging to the members at the time of the division, and in the case of the division of a church, it shall be jointly owned by the members at the time of the division, and in the case of the previous church's properties, it shall be deemed that there are no special reasons for the division of the church's properties to be owned by the members at the time of the division, it shall be deemed that the members of the church belonging to the members at the church.
Therefore, without further proceeding to decide on the remaining grounds of appeal, the judgment of the court below is reversed, and the case is remanded to the Gwangju High Court which is the original judgment. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices O Sung-sung(Presiding Justice)