beta
(영문) 서울고등법원 2015.04.01 2013나67558

재정장부 열람

Text

1. The plaintiff's appeal and the plaintiff's claim expanded in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. On September 19, 2012, the summary of the cause of the claim asserted that: (a) concluded a contract on urban gas supply and water supply pipeline construction and appurtenant work; and (b) paid KRW 739 million to the Defendant; (c) however, there are circumstances in which a tax invoice was issued to D, who is not a legitimate contractor, with regard to the said construction work.

In the process of purchasing the above company house to 470 million won around May 2014, the member of the defendant church decided to purchase the company house (Seoul Dongdaemun-gu E apartment 105 Dong 1503, 1503) residing in 270 million won, and 200 million won after deducting the deposit money from the deposit money was paid additionally. There is a suspicion that it was not executed from the budget bill, but paid for the church expenses.

Furthermore, around March 2013 to April, 2013, the Defendant church elected 10 new heads, 40 safe collectors, and 50 voters. The aforementioned applicants made a considerable amount of contribution to the Defendant church, and there are various doubts as to the place of use or method of keeping the said contribution.

Therefore, in order to verify whether the operation and accounting of the church affairs are appropriate as a member, the plaintiff is seeking perusal and copying of the financial account books, etc. indicated in the attached list.

2. Determination

A. (1) With respect to whether the plaintiff is the member of the defendant church, if it is recognized that a branch church that has joined a specific church has accepted the constitution of the religious order as its own rules, the change of the religious order actually results in changing the autonomous rules that correspond to the rules of the branch church, and if the branch church has its own rules, the change of the religious order entails changes in the matters included in the rules of the branch church, such as the name and purpose of the branch church, and therefore, the withdrawal from the religious order or the change of the religious order from the religious order is accompanied by changes in the rules of the branch church.

참조조문