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(영문) 대법원 1995. 7. 14. 선고 93다60045 판결

[토지소유권이전등기말소][공1995.8.15.(998),2766]

Main Issues

(a) The case affirming the judgment of the court below on the requirements for an individual temple to be an independent right holder under the old Buddhist Property Management Act;

(b) Reversion of the right to appoint and dismiss the chief executive officer of the inspection belonging to a specific end group;

(c) Whether the final end of the inspection is changed, in cases where it is decided to commence the inspection in combination with a believers and Buddhist team without following the final constitution of the attached species group;

Summary of Judgment

A. The case affirming the judgment of the court below that a private temple registered with the competent authority pursuant to the former Buddhist Temple Property Management Act (repealed by the Traditional Temple Preservation Act, Law No. 3974 of Nov. 28, 1987) and did not become an independent right holder immediately, but became an independent right holder by having it registered with the competent authority and registered the temple site and the temple building in the name of the temple, etc.

B. If a temple belongs to it by establishing a legal relation with a specific specific group, it becomes a constituent member of the association, and the right to appoint or dismiss the chief executive officer of the inspection is lost, and the right to appoint or dismiss the chief executive officer of the inspection is attributed to the relevant specific group, as the final constitution and law of the relevant specific group, which are municipal ordinances and rules of the association against such constituent members, are applied to the inspection to which they belong.

(c) Even if the inspection did not follow the constitution of the religious group to which it belongs, but the believers and descendants of the religious group are combined, and the religious group to which it belongs is decided to be re-established into another religious group, it shall not be limited to the faith of the religious group to which it belongs and to which it belongs, and the religious group to which it belongs is not changed.

[Reference Provisions]

Article 6 of the former Act on the Management of Buddhist Property (repealed by Law No. 3974 of Nov. 28, 1987) and Article 31(b) of the Civil Code. Article 68

Reference Cases

A. Supreme Court Decision 85Meu1489 delivered on March 22, 1988 (Gong1988,665). Supreme Court Decision 89Meu2902 delivered on October 10, 1989 (Gong1989,163) (Gong163), Supreme Court Decision 91Da9336 delivered on June 14, 1991 (Gong1991,1924), Supreme Court Decision 89Da15151 delivered on July 14, 1992 (Gong192,2374) (Gong195 delivered on December 13, 1994).

Plaintiff-Appellant

Attorney Kim Sung-sung, Counsel for the defendant-appellant

Defendant-Appellee

Seoul High Court Decision 201Na14488 decided May 2, 2012

Judgment of the lower court

Busan District Court Decision 93Na1531 delivered on November 3, 1993

Text

The appeal is dismissed.

The costs of appeal shall be assessed against Nonparty 1, expressed as the representative of the plaintiff.

Reasons

1. The grounds of appeal No. 1 and No. 1 and No. 3 of the Plaintiff’s representative are also examined.

According to the reasoning of the judgment below, the court below completed the inspection of this case on October 10, 1962 and completed the registration of non-party 2's private inspection of this case on the non-party 3's own land under the name of the non-party 4's private inspection of this case, and completed the registration of non-party 1's private inspection of the non-party 4's private inspection of this case on the non-party 1's own land of this case and the non-party 4's private inspection of this case's non-party 1's private inspection of this case's non-party 4's private inspection of this case's non-party 9's non-party 1's private inspection of this case's non-party 3's non-party 4's private inspection of this case's non-party 9's non-party 1's private inspection of this case's non-party 9's non-party 1's private inspection of this case's non-party 1's private inspection of this case's new inspection of this case'

In light of the reasoning of the judgment below, the fact that an individual temple completed the inspection registration with the competent authority under the former Non-Performing Property Management Act cannot be deemed an independent inspection as an independent right subject (see Supreme Court Decision 85Meu1489, Mar. 22, 198). The judgment of the court below is merely merely an independent inspection facility for the purpose of non-ownership as an individual inspection before the registration with the competent authority, and it states that it is not an independent right subject of the inspection, and that it is not an independent right subject of the inspection, and the court below stated that it is not reasonable to misunderstanding that the inspection would be an independent right subject of right from that time when it was registered with the competent authority, but the court below did not err by misapprehending the legal principles as to the inspection site and the building under the above law, and did not accept the judgment of the court below based on the premise that the inspection, which was an individual inspection, was not an independent right subject of right, as alleged in the grounds of appeal and the records.

2. We examine the grounds of appeal Nos. 2 and 3 of the Plaintiff’s attorney and No. 2 of the Plaintiff’s representative.

If a temple belongs to a specific group by establishing a legal relation with a specific group, it shall be the constituent parts of the association. As such, the right to appoint and dismiss the chief executive officer and the right to appoint and dismiss the temple shall be lost, and the right to appoint and dismiss the temple shall belong to the relevant final group (see Supreme Court Decision 89Meu2902, Oct. 10, 1989). Even if the temple did not follow the final constitution of the attached group and decided to convert the temple into a different final group, it shall not be a change of the final group to which it belongs, even if it is decided to dismiss the temple by combining its faith and respect, and it shall not be a change of the new group to which it belongs (see Supreme Court Decision 9Da43545, Dec. 13, 1994).

In the above purport, the judgment of the court below was based on the premise that since the non-party 5, who managed and operated the inspection as the chief inspector at the time of registering the inspection to the competent authority, belongs to the non-party 1's inspection to the non-party 1's non-party 6's non-party 1's non-party 1's non-party 6's non-party 1's non-party 1's non-party 1's non-party 1's non-party 6's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 6's non-party 1's non-party 1's non-party 1's non-party 1's non-party 6's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's representative's non-party 1's position.

The argument in the grounds of appeal is without merit because it merely lacks the judgment of the court below on the premise that the determination of the evidence and the recognition of facts belonging to the exclusive jurisdiction of the court below were criticized, or that the judgment of the court below was inconsistent with the facts recognized by the court below.

3. Therefore, the appeal shall be dismissed and all costs of appeal shall be assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Park Jong-ho (Presiding Justice)

심급 사건
-부산지방법원 1993.11.3.선고 93나1531
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