[원인무효로인한소유권이전등기말소] 확정[각공2008하,1880]
[1] In a case where a resolution is passed to open the inspection to another type of the inspection by combining the believers and respect of the inspection, whether the final end of the inspection is changed (negative)
[2] In a case where a person appointed by the new end group after the new end of the inspection changed the end of the inspection and the person appointed by the new end group was the representative of the inspection, and donated real estate owned by the inspection to the new end group on the side of the new end group, the case holding that the act of donation is null and void on the ground that the notice appointed by the existing end group is qualified as the representative of the inspection, and the inspection itself still needs to be approved by the existing end group in disposing of real estate since
[1] If a temple belongs to it by establishing a legal relation with a specific religious group, it becomes the constituent subdivision of the relevant association, and the right of amnesty belongs to the relevant religious group, which is the municipal ordinances and rules of the relevant religious group, which is the municipal ordinances and rules of the association for such constituent members, as well as the final law of the relevant religious group. In addition, even if it was combined with the faith and respect of the temple belonging to the religious group, and the inspection was decided to leave the religious group, and the religious group of the inspection is to be re-established to another religious group, this is merely a new religious group, and it is not a change in the final group of the inspection.
[2] In a case where a person appointed by the new end group after the new end of the inspection changed the end of the inspection and the person appointed by the new end group was the representative of the inspection, and donated real estate owned by the inspection to the new end group, the case holding that the act of donation is null and void on the ground that the notice appointed by the existing end group is qualified as the representative of the inspection, and the inspection itself is still required to approve the existing end group to dispose of real estate since it still belongs to the existing end group
[1] Article 31 of the Civil Act / [2] Article 31 of the Civil Act
Plaintiff Buddhist Temple (Law Firm International Law, Attorney Park Jong-hee, Counsel for the plaintiff-appellant)
Korean Buddhist Cho Jae-sung ○○ Buddhist ○○
September 23, 2008
1. The defendant shall implement the procedure for the registration of cancellation of ownership transfer registration, which was completed by the receipt of No. 3277 on February 13, 2007, with respect to each real estate listed in the separate sheet to the plaintiff.
2. The costs of the lawsuit are assessed against the defendant.
The same shall apply to the order.
1. Fact finding and judgment
According to Gap evidence Nos. 1, 2, 5, 6, 7, 8, 9, 11, 12, 21, 22, 23, and 24 (including each number), and according to the whole purport of the pleadings, the following facts-finding and judgment may be made:
A. Each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) was owned by the Plaintiff’s temple, who belongs to the Korea Buddhist Law Type.
B. Each real estate of this case was registered for transfer of ownership under the name of the defendant on February 13, 2007 under the name of the Busan District Court's Gangseo-gu Office of Registry of the District Court on February 13, 2007.
C. The above donation is a donation made to the Defendant by Nonparty 1, who was appointed by the Defendant’s Order, after the Plaintiff’s believers’s believers’s believers and deceased’s deceased rank were transferred to the Defendant’s Order and became the representative of the Plaintiff’s Inspection.
D. If a temple belongs to it by establishing a legal relation with a specific religious group, the constituent members of the association shall be the member of the religious group, and as a result, the religious donation of the relevant religious group, which is an autonomous law of the association with respect to such constituent members, and the religious law, etc. is applied to the inspection to which they belong, the right of amnesty belongs shall belong to the relevant religious group. In addition, even if a temple's faith and respect are combined with that of the inspection belonging to the religious group, and the inspection was decided to be re-established to a different religious group and a different religious group, it shall be limited to the belief and respect of the inspection to which the inspection belongs, and it shall not be changed to the end of the inspection.
Therefore, even if the Plaintiff’s believers’s believers and the deceased’s team were transferred to the Defendant’s Order, the Plaintiff’s inspection itself still remains under the Korea Buddhist Class. As such, each real estate of this case still remains as owned by the Plaintiff’s inspection, and thus the approval of the Korea Buddhist Class is necessary for the disposal thereof, and the representative of the Plaintiff’s inspection also is qualified as the representative.
E. However, there was no approval of the Korean Buddhist law type at the time of donation in the name of the defendant with respect to each of the instant real estate in the name of the defendant, and the representative of the plaintiff temple was not appointed from the Korean Buddhist law type (the non-party 2 appointed from the Korean Buddhist law type at the time was the legitimate representative of the plaintiff temple).
Therefore, the registration of transfer of ownership in the name of the defendant with respect to each real estate of this case shall be cancelled as a registration invalidation.
2. Conclusion
The plaintiff's claim of this case is justified, and it is so decided as per Disposition.
[Attachment] Indication of Real Estate: (Omission)
Judges Cho Jae-ho