The Korea Minhyeong-ro Association (Law Firm Spah, Attorneys Go Won-seok et al., Counsel for the plaintiff-appellant)

The Korea T.S. T. K. T. T. T. T. P. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T.

May 15, 2009

Seoul Eastern District Court Decision 2007Gahap5296 Decided July 31, 2008

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

The purport of the claim is to confirm that the claim for withdrawal was made by 3,628,842,624 won deposited by the Seoul Eastern District Court No. 2656 on July 19, 2005 by the Bank.

The purport of appeal: Revocation of the judgment of the first instance. The plaintiff's claim is dismissed.

1. Basic facts

A. The Korea Egynam Association (hereinafter referred to as the “Magsung”) was a branch church (branch) belonging to the Korea Egynam Association in Seoul, Dongnam Association in Seoul (hereinafter referred to as the “Seoul Eastnam Association”). On December 21, 2003, Non-party 7, who is a gathering officer, retired from the office, was moved to a master pastor, and Non-party 1 was appointed as a gathering officer on the same day.

B. Since April 2004, the Masung Association caused the division between the members of Nonparty 7 who concealed Nonparty 7's senior pastor and the members who concealed Nonparty 1's senior pastor, and there was an act of violence, such as worship, obstruction of assembly, defamation, collision, etc. for several months.

C. In order to resolve the above decentralization on January 11, 2005, the Seoul East-gu Seoul Metropolitan Council dispatched the Masung (hereinafter “Masung Committee”) pursuant to Article 33(1) of the Ordinance on the Rule of the Rule of the Constitution of the Dogsung (amended by the Enforcement Rule of the Constitution on June 28, 2007; hereinafter “former Ordinance”), pursuant to Article 33(1) of the Ordinance on the Rule of the Rule of the Dogsung (hereinafter “former Ordinance”).

D. On August 27, 2004 to January 24, 2005, non-party 7, such as non-party 8, were prosecuted by the non-party 1's pastor from around August 27, 2004 to the non-party 1's pastor, the Seoul East-dong Council of Korea, on the ground that the non-party 1's pastor was not completely amended on May 15, 2007; hereinafter referred to as the "former Constitution") Article 3 of the Constitution of the Republic of Korea (the non-party 3's provisional disposition of the non-party 6's provisional disposition of the non-party 2's non-party 3's non-party 6's non-party 1's non-party 2's non-party 1's non-party 2's non-party 1's non-party 3's non-party 1's non-party 1's non-party 1's non-party 2's non-party 3's non-party 1's non-party 5'.

E. On March 11, 2005, the non-party 1's letter of name was inserted in the daily newspaper of March 11, 2005 that the non-party 1's pastor should withdraw from the Seoul Eastnam Labor Association, and on March 12, 2005, the training rights committee temporarily suspended the non-party 1's chairman's right (from March 14, 2005 to the time of reporting the situation management) in accordance with Article 33 subparagraph 3 of the former Ordinance.

F. However, on April 10, 2005, Nonparty 1 convened and held a meeting of the faculty (hereinafter “the instant meeting”). Nonparty 1 passed a resolution from the instant meeting to withdraw from the integrated school group to the head of the arts and education association for the members of the religious order, and to join the Korean Association of Independent Schools and the Federation of the Korean Association of Independent Schools (hereinafter “the Korean Federation of Independent Schools”) (hereinafter “the instant resolution to withdraw”).

G. On April 10, 2005, the non-party 1 was the representative of the Masung church, who was affiliated with the Masung church federation, and on April 17, 2005, the non-party 1 announced that the Maternity church was an independent church. However, on May 21, 2005, the association of the Maternity church suspended deliberation on the grounds that the Maternity church is in dispute, and withdrawn the membership of the Maternity church federation, and on June 21, 2005, the non-party 1 joined the Maternity church's association as the representative of the Masung church on June 21, 2005 (hereinafter referred to as the "Masung church") (hereinafter referred to as the " non-party 1 member church") after joining the Masung church's independent church federation (hereinafter referred to as the "Defendant Masung church").

H. On April 11, 2005, the trial division under the General Assembly of the Korea Telecommunication Association dismissed the objection of Nonparty 1 by Nonparty 1 on the ground that Nonparty 1 retired from the General Assembly of the Korea Telecommunication Association and the Seoul East Union. On April 28, 2005, the trial division under the Seoul East East Union dismissed Nonparty 1's objection. On April 28, 2005, the trial division under the Seoul East East Union dismissed Nonparty 1 from the position of the pastor of the Korea Telecommunication Association and taken the disposition of sending it from the Gisung Association.

I. In accordance with Article 28 of the former Constitution, the non-party 3's pastors: the non-party 2's pastors held on October 2, 2005, and the non-party 3's pastors held on October 9, 2005, and the non-party 3's pastors held on October 9, 2005 as temporary pastors of the luminous church with the consent of the luminous church removal council which was held on October 8, 2005. On November 8, 2005, the non-party 3 was dispatched to the temporary pastors of the luminous church under Article 29 of the Constitution (hereinafter referred to as the "non-party 3's church, the representative of which was the non-party 4's representative).

E. After the resolution of the withdrawal of this case, the Defendant church convened a worship at the buildings of the Masungdong 474 ground of Songpa-gu Seoul, Songpa-gu, Seoul, and the Plaintiff church from July 3, 2005, the Plaintiff church holds an assembly of worship in the lecture of the new university located in the plaza Dong in Gwangjin-gu, Seoul, and from December 4, 2005, the Defendant church from around December 4, 2005, held an assembly of worship in the lecture of the Godong-dong, Gangdong-gu, Seoul.

(k) The deposit owner of each deposit account (hereinafter “the deposit account of this case”) recorded in the separate sheet of Korea Bank (hereinafter “Korea Bank”) is the original luminous church as shown in the separate sheet of financial flow (the deposit of this case appears to have been created by the members of the luminous church). The plaintiff church and the defendant church are the owners of the deposit account of this case and they request the Korea Bank to return their deposits. As the bank requested on July 19, 2005 to deposit the principal of the deposit account of this case under the Seoul Eastern District Court No. 2656, 2005, 3,628, 842, and 624 (hereinafter “the deposit of this case”), and the deposit account of this case to Non-party 2 as the creditor of the Korea Association No. 1 as the representative of the Korea Association No. 20, the Korea Association No. 20, the Korea Association No. 20, the Korea Association No. 1, 2000, the deposit of this case as the creditor No. 2, the Korea Association No. 2.

(l) On January 23, 2007, the Seoul High Court ruled that the resolution of this case was null and void without any further determination as to whether the members of the plaintiff church and the plaintiff church meet the quorum of 2/3 of the members of the defendant church, including the non-party 1 pastor, and the provisional disposition such as prohibition of the use of the services and prohibition of access, etc. [Seoul High Court 2005Ra989, 2005Ra99 (merged), 2005Ra100 (merged), and the defendant church and the defendant church against the members of the plaintiff church (Seoul High Court 2005Ra988). The decision of this case was made on June 29, 2007 by the defendant church and the defendant church to re-appeal the Seoul High Court 2005Ra988, but it became final and conclusive as the re-appeal by the Supreme Court (Seoul High Court 2007Ma278).

(m) On April 11, 2007, the plaintiff church received the Seoul High Court's decision that the resolution of withdrawal of this case is null and void, and the plaintiff church filed the lawsuit of this case with the Seoul Eastern District Court as the representative of the plaintiff church on April 11, 2007, and as the term of the non-party 3 pastors expires due to the expiration of the term of office of the non-party 4's pastors on November 7, 2008, the non-party 4 was dispatched to the temporary chairman of the plaintiff church pursuant to Article 66 (2) of the former Constitution (the same as Article 67 (2) of the amended Constitution) from the Seoul Eastnam Association as

[Based on recognition] Evidence Nos. 1 through 50, Gap evidence No. 52, Gap evidence No. 55, Gap evidence No. 59, Gap evidence No. 60, Eul evidence No. 62 through Eul evidence No. 72, Eul evidence No. 1 through Eul evidence No. 5, Eul evidence No. 8, Eul evidence No. 9, Eul evidence No. 22 through No. 34, Eul evidence No. 49 (including additional number), Eul evidence No. 9, Eul evidence No. 10, witness No. 10, witness of the first instance court, witness of the first instance court, witness No. 10, witness No. 55 of the first instance court to the Gangnam-gu Seoul Association of Korea, the results of each fact-finding inquiry, and the purport of the whole pleadings.

2. Details of the old Constitution, the old municipal ordinances, and the rules of the Mine church;

[former Constitution]

Part II Political

Article 9. Branch Branches

It is intended that the group and its children believe the receipt of worship and, as they want, engage in activities in order to cultivate their thickness, make their life with good faith, and expand the leasing country. It is a branch church, and it is called an organized church and a church with a party church, and is called an organized church, which has no party church.

§ 27. Title of wood

The title of a pastor shall be as follows:

1. A delegate shall be a pastor entrusted to the Union in the presence of a branch church.

2. A temporary timberer shall be a pastor who works temporarily with the permission of the Trade Association. The period of time shall be three years.

Article 28 (Hearing of Woods)

2. If a temporary pastor is ice copier, the consent of the plenary session shall be obtained by a resolution of the party council.

The ice ice petition of a temporary pastor shall be submitted to the Nowon-gu Council, accompanied by a written petition signed and sealed by a copy of the meeting minutes and the minutes of the meeting and a resume of the pastor and a letter of ice.

Article 29 Approval of Hearing

1. He/she shall submit a ice to the plenary session. If the plenary session passes a resolution that the plenary session is consistent, he/she shall deliver a ice to the plenary session. It shall not be delivered to the plenary session directly without the resolution of the plenary session;

Article 60 Division of the Council

The sub-council shall be divided into a political party, a labor union, and a general meeting.

Article 63 Authority of the Council

The members' council shall maintain the peace and order of the church, and shall take the responsibility of administration and authority. The members' council at each level may establish its own rules in accordance with the Constitution.

Article 66 Governing President

The president of the political party shall be appointed by the Labor Association as follows:

1. The president of a branch church shall be the secretary general of the branch church;

2. The president of a temporary political party shall distribute and send it when a vacancy occurs to the president of a political party.

3. When the president of a political party is absent, or when there are other circumstances, the president of a political party may delegate his duties to the person delegated by the president or to the person recommended by an agreement of the party members.

67 Functions of the Council

8. The church shall manage real estate, such as the land and house of a branch church;

§ 88 (Joint Council) The Joint Council shall be as follows:

1. The members of the joint council shall be those who are eighteen or more years of age from among the three-years of the absences of the branch church;

2. The Joint Council shall convene a meeting by a resolution of the party council, and advertise the date, time, place, and agenda to the church one week before the meeting is held;

3.The Joint Council shall be convened by a resolution of the Council in the following cases:

(i) the meeting needs to be convened;

4. The joint session meetings may be held by members holding the meeting; and

5. The resolutions of the Joint Council shall be as follows:

1) Matters presented by the meeting of the political party;

6.The resolution of the Joint Council shall be adopted by a majority for all matters other than those specified, and the seal shall be written by an indefinite vote.

7. The chairman and clerk of the joint council shall be the chairman and clerk of the party council; and

Article 89. Removal

The removal from office shall be as follows:

1. The member of the vertical association shall be a secretary general, director general, secretary general, secretary general, secretary general, secretary general, and secretary general;

2.The convening of an organization to be removed shall be as follows:

1) When the chairman recognizes the need to convene a meeting of the board of directors.

3. The number of days during which the vertical session is opened shall be advertised before one week and the number of days during which the session is present;

4. The president of the organization to be removed shall be the president of the organization, and clerks and accounts shall be selected at the meeting, and a department may be established, if necessary.

5.The resolutions of the vertical council shall be as follows:

(i)budget execution as decided by the Joint Council;

(ii)general balance budget and settlement of accounts concerning finance;

(iii)the receipt and disbursement of relief costs and the handling of special contributions;

(iv) Other important matters.

Part III Disciplinary Authority

Article 1. Purpose of Requisition

The power is to exercise the right to request to the church with the thickness of the towing lease and to implement the law, and to recommend and take disciplinary action against each member of the church who committed a crime in violation of the provisions delegated by the Constitution and the Constitution.

Article 3 Crimes

It is a crime that a teacher, an employee, or a prison association has violated the following matters:

1. A violation of any provision enacted pursuant to the Constitution or this Constitution, with respect to a faith or conduct;

2. Obstruction of worship;

3. The act in concert with the act in concert with it; and

4. An act of seriously undermining the police officer; and

5. Deging verbal abuse, assault, destruction of a device, etc. at a scarcity;

6. Causing another person to commit any crime;

Article 11. Provisional Disposition for Suspension of Practice

1. Where it is impracticable to reinstate the offender after being prosecuted for an offense until the judgment becomes final and conclusive, the offender shall file an application for a provisional disposition of suspension of duties at the time of prosecution and suspend his/her duties;

2. The suspension of performance of duties shall remain effective until the final judgment has been rendered;

3. An objection may be raised against the decision of suspension of duties. The formal proceedings shall be followed by the general proceedings of the lawsuit;

Article 44 Finality of Judgment

2. Innocence shall be presumed innocent before judgment becomes final and conclusive;

【Gu Ordinance】

Article 4 Establishment and accession of the church

When establishing or joining a branch church, a petition under paragraph (1) shall be prepared, signed and sealed by the members present at that church and submitted to the Nowon-gu Council via the City Inspection Committee.

Article 18 Petitions for Reappointment of Assistants

1. If a delegating pastor is an official seat, the temporary president of the relevant political party may petition his/her deputy minister who has already been in office for his/her reappointment;

2. A temporary pastor shall not file a petition for his reappointment.

33 Training of churches and churches

1. In order to train the churches to which the branch has occurred, the Trade Association may dispatch the members with the right to receive training to train them; and

3. The committee on the right to manage the church may, if necessary, suspend the functions of the chairman of the political party or the party council; and

Article 45 Decisions on Provisional Disposition for Suspension of Practice

1. A trial party in receipt of an application for a provisional disposition for suspension of duties shall determine whether to take a provisional disposition for suspension of duties within seven days from the date of receipt and prepare a written decision in accordance with subparagraph 18 and notify the applicant, respondent, and the

2. When the provisional disposition for suspension of duties is decided, the director general of the trial division shall notify the president or the president of the party concerned of the appointment of a proxy.

Article 46 Objection against Decision of Provisional Disposition for Suspension of Practice

1. In case where there is an objection against the decision on suspension from office, the requester or respondent may immediately raise an objection;

2. An objection shall be filed in accordance with Form 19 within seven days from the date of receipt of the notice of the decision on the provisional disposition of the suspension of practice, and shall be filed with the next higher level court.

4. If an objection is filed, the provisional disposition for suspension of duties shall be suspended until the judgment in the next superior country is determined.

5.The next higher-class trial party in receipt of the written objection shall decide whether to accept it within 30 days from the date of receipt, prepare a written decision and notify the claimant of the decision in accordance with Form 18, and at the same time notify the decision-making party of the provisional disposition for the suspension of practice. No objection may be

[Rules of the Mine Association (amended by October 28, 2005, hereinafter referred to as the "former Rules")]

Article 1 (Name)

The present session refers to the Maternity Subdivision of Korea.

Article 2 (Location)

Songpa-gu Seoul Metropolitan Government Pungyang 1, 474

Article 3 (Purpose)

The purpose of the plenary session is to:

1. Religious movements that aid a person's marriage by taking such lease alone;

2. To manage immovables and movables, such as stations, buildings, cemeteries, and gymnasiumss, which are necessary for the exercise under the preceding paragraph;

Article 5 (Executives)

4. The duties of officers shall be as follows:

(4) The accounts shall administer the property in accordance with the resolution of the meeting.

Article 6 (Regular General Meeting)

2. Election of officers, passing through a budget bill, deliberation on settlement of accounts, amendment of regulations and other important matters;

Article 10 (Disbursement and Disposition)

The executive members association shall conduct the disbursement of general expenses or the disposal of basic property in accordance with the resolution of the employment council.

Addenda

2. The lack of the bylaws of the Association shall correspond to the politics of the Association of the Korea Coast Guard.

3. The defense of this safety and the determination thereof

A. Determination on the assertion that the non-party 3 and the non-party 4 are not the representative of the plaintiff church

1) Defendant church's assertion

A) The sending of Nonparty 2 to Nonparty 2 as the temporary president of the Seoul East-dong Council is null and void for the following reasons:

① The decision of provisional disposition of this case was rendered with an excessive deadline prescribed by Article 45 subparagraph 1 of the former Ordinance.

(2) When a decision to suspend the performance of duties has been rendered, a union member shall have the authority to dispatch the president of the party branch under subparagraph 2 of Article 45 of the former Ordinance or under subparagraph 3 of Article 66 of the former Constitution, but has no authority to dispatch the provisional president.

③ The temporary head of a political party shall be a pastors who are not located in the other church which belongs to a religious order, and the non-party 2, who is the head of the new church at the time of March 8, 2005, shall not be the temporary head of the Gisung church.

④ On March 8, 2005, upon Nonparty 1’s filing of an objection, the decision to temporarily send Nonparty 2 to Nonparty 2 of the Seoul Eastnam Labor Association was null and void, and thereafter, the Seoul Eastnam Labor Association did not make a decision to temporarily send Nonparty 2’s pastor to the president of the Gidong Labor Association.

⑤ On March 12, 2005, the decision to suspend the authority of the president of the party branch of Nonparty 1 on March 12, 2005 violates the principle of presumption of innocence under Article 44(2) of the former Constitution.

⑥ Since the withdrawal of Nonparty 1 to Nonparty 1 of the Seoul Eastnam Labor Association is null and void, Nonparty 1 still is the representative of the Gisung church.

B) Temporary pastors of the Mine church shall be examined by the resolution of the general meeting of the members or the resolution of the council and the consent of the council members. Nonparty 3's pastors, without the above procedure, or for the same reason as the above paragraph (a), convened and opened by Nonparty 2's pastors who do not have the authority of the council chairperson, and null and void by the resolution and consent of the council of October 2, 2005 and the council of removed members on October 9, 2005, or by the consent of the null and void council without the notice of convening the council of removed members who concealed Nonparty 1's pastors, and therefore, they were found to be temporary pastors of the mining church, and thus, it is null and void that the Seoul East-dong church approved Nonparty 3's temporary pastors of the gender church, which were launched by the above null and void procedure, as the temporary pastors of the gender church.

C) Therefore, the non-party 3 member is not the legitimate representative of the plaintiff church, and the lawsuit of this case filed by the non-party 3 member as the representative of the plaintiff church is illegal, and the non-party 4 member who is the representative of the plaintiff church in the party trial is not the legitimate representative of the plaintiff church.

2) Determination

A) According to the provisions of the former Constitution and the former Ordinance, ① the Korean Egyptian Association shall have the authority to approve temporary pastors of a branch church under Articles 28 and 29 of the former Constitution in addition to the authority to appoint the temporary president of the branch church and the representative director of the branch church under Article 6 subparag. 2 and 3 of the former Constitution. ② Article 45 subparag. 2 of the former Ordinance of the Republic of Korea shall not be construed as a provision that shall appoint the representative director of the branch church in cases where the representative director of the branch church has been decided to suspend his/her duties. ③ In appointing the temporary president of the branch church, it shall undergo the resolution or resolution and consent procedure of the general meeting of the members of the branch church, or shall appoint only the director of the branch church as the temporary president.

(4) In addition, Article 66 subparagraph 2 of the former Constitution provides that "when a vacancy occurs in the president of a political party," the term "when the president of a political party is unable to exercise his/her official authority due to death, resignation, etc." and "when the president of a political party is dismissed or there are other circumstances" in Article 66 subparagraph 3 of the same Constitution shall be deemed that "where the president of a political party is unable to perform his/her official duties due to special circumstances

(5) On the other hand, even if the order of provisional disposition of suspension from office was imposed on seven days as stipulated in Article 45 subparagraph 1 of the former Ordinance from the date of receipt of the application, such circumstance alone shall not be deemed null and void.

B) In light of the above interpretation of the former Constitution and the former Municipal Ordinance, on March 5, 2005, the case of the non-party 1's ruling of provisional disposition against the non-party 5 on March 2005 falls under the case of the non-party 1's luminous church's suspension of all rights as the chairperson of the party branch of the non-party 1's luminous church. Accordingly, the Seoul Dongnam's Association can send a temporary president of the Masung pursuant to Article 66 subparagraph 2 of the former Constitution. In addition, although the decision of provisional disposition of this case was suspended as the non-party 1's objection, the validity of the decision of provisional disposition of this case was suspended as the non-party 6's objection of the Korean Masungnam's general meeting, and in particular, the non-party 1's dismissal of the chairman of the party branch and the non-party 1's association's dismissal of the non-party 6's Masung's association's removal and non-party 1's association's removal.

Therefore, even though the Seoul East-dong Association did not follow the procedure for the temporary assembly of the Masung Association after the general assembly of the Korea Egynam Association rejected the objection of Nonparty 1, it is reasonable to deem that the Seoul East-dong Association approved Nonparty 2 as the temporary assembly of the Masung church, since it is reasonable to deem that Nonparty 2 was ratified by the Seoul East-dong Association as the temporary assembly of the Masung church, it is improper that the Seoul East-dong Association dispatched Nonparty 2 as the temporary assembly of the Masung church, or that Nonparty 2 was not the temporary assembly of the sexual church, or that this part of this part of the argument of the defendant church is without merit.

C) Under Article 66 subparagraph 2 of the former Constitution, the Korean Egyptian Association has the authority to appoint the temporary chairperson of the branch church, and the appointment of the temporary chairperson of the branch church can be made without going through the resolution of the general meeting of the members of the branch church or the resolution and consent of the council and the separation council. Therefore, regardless of the validity of the procedures for the temporary member of the non-party 3's church, the Seoul East-dong union approves the non-party 3's temporary chairperson on November 8, 2005 as the temporary chairperson of the plaintiff church, and further, on November 7, 2007, the non-party 4's pastor as the temporary chairperson of the plaintiff church was approved as the temporary chairperson of the plaintiff church as the non-party 3's member on November 7, 2007, the non-party 3 pastor and the non-party 4's representative as the temporary representative of the plaintiff church. Accordingly, the non-party 3's assertion in this case is not unlawful.

B. Determination as to the assertion that the instant lawsuit is unlawful, as it was filed without the resolution or resolution of the general meeting of the members of the Plaintiff church

1) The defendant church asserts that although the claim of this case of the plaintiff church is an act of managing or preserving collective ownership, it should go through a resolution of the general meeting of the members or a resolution of the vertical meeting, the plaintiff church asserted that the procedure of filing the lawsuit of this case was unlawful by the resolution of the church on October 2, 2005 without such procedure.

2) The plaintiff church has filed the lawsuit of this case under the premise that the ownership of the deposit money of this case belongs to the plaintiff church by maintaining the identity with the Masung church. Thus, the plaintiff church, a non-corporate body, may file the lawsuit of this case according to the rules of the Matern church and the procedures stipulated in the religious order constitution to which the plaintiff church belongs, as an act of managing the collective ownership (whether the plaintiff church maintains the consistency with the Masung church and whether the ownership of the deposit money of this case belongs to the plaintiff church or not belongs to the plaintiff church of this case).

According to the previous rules, Article 3 of the previous rules provides that "the purpose of the church shall be as follows." Article 1 of the previous rules provides that "the religious movement which seeks people's confusion," subparagraph 2 of the same Article provides that "it shall manage real estate and movable property, such as base necessary for the sports campaign, graveyard, and memorial house," and Article 5 provides that "the accounts shall manage the property in accordance with the resolution of the previous church" and Article 10 provides that "the expenditure or basic disposal of the property shall be carried out by the members of the previous church in accordance with the rules and regulations," and Article 2 of the previous Constitution provides that "It shall not be deemed that the provisions of the previous rules and regulations concerning the management of the property of the properties of the church, which are deemed necessary for the establishment of the church, are not applicable mutatis mutandis to the above 7th anniversary of the establishment of the new rules and regulations, and it shall not be interpreted that the provisions of the previous regulations and regulations concerning the property shall not be applied mutatis mutandis to the management of the properties of the church."

However, on November 8, 2005, the fact that the Seoul East-gu Labor Association approved the non-party 3's pastor as the chairperson of the plaintiff church is as shown above. In full view of Gap's evidence 19, Gap's evidence 52, the fact inquiry, reply, and the whole purport of argument on June 4, 2008 at the court of first instance on the Seoul East-gu Labor Association's meeting (the non-party 2 of the temporary chairperson of the church) decided to comprehensively file the lawsuit of this case by organizing a collective church support committee for the recovery of teachers' rights, and the Seoul East-gu Labor Association approved the non-party 3's reappointment of the non-party 3's church on May 9, 2006, and the plaintiff church's non-party 3's non-party 2 of the temporary church's meeting (the non-party 3 of the non-party 2 of the plaintiff church's meeting)'s resolution to comprehensively file the lawsuit of this case on October 2, 2005.

C. Determination on the assertion that the defendant church has no capacity to do so

1) The defendant church decided to withdraw from the Masung church's integrated church. Since the resolution of the withdrawal of this case was invalidated due to procedural defects, as long as the resolution of the withdrawal of this case became null and void, the Masung church left the church belonging to the Masung church's integrated church, and if the withdrawal and change of the Masung church became null and void, the Masung church remains as a church belonging to the Masung church's combined church, although there is no Masung church's membership in the Masung church's joint church, even if there is a document, there is no Masung church with such substance. Thus, the defendant church did not have a substance as an organization by gathering the majority of the members within the Masung church, and even if there is a substance as a family organization, it is only the internal dispute of the Masung church, and therefore it cannot be the defendant of this case's lawsuit since it is not a party's ability.

2) We cannot say that, if the church is organized by the majority of the members, the church is engaged in a certain religious activity and its representative is a non-corporate body as stipulated in Article 48 of the Civil Procedure Act, it shall be deemed that the church has the ability to be a party. It shall not be said that the church is an organization such as the previous church's name, whether the previous church is the same as that of the previous church, whether the previous church is extinguished due to the merger, whether the members of the church leave the other church, or its motive can be a problem in judging the legitimacy of the bill (see Supreme Court Decision 91Da30675 delivered on November 26, 191, 191). Since the defendant church is the representative of the defendant church, the defendant church's church consists of the representative of the defendant church, the members of the church and the head of the association, the association of the defendant church consists of the members of the church and the head of the association, and even if the defendant church consists of the whole members of the defendant church, it shall be justified as a separate from the defendant church.

3. Judgment on the grounds of the claim of the plaintiff church

A. As long as a church exists as an association which is not a juristic person, in resolving disputes over its legal relations in a civil lawsuit, it shall grasp the substance of the church and determine the ownership of the properties of the church in accordance with the general theory of the Civil Act concerning an association which is not a juristic person. The members shall jointly own the properties of the church and use and profit from the church. Meanwhile, in cases where it is recognized that a branch church which has joined a specific religious order has accepted the Constitution prescribed by its rules as its own rules, changes to the religious order result in changing the autonomy rules that correspond to its own rules. If the branch church has its own rules, changes to the religious order entails changes to the matters included in the rules of the branch church, such as the name or purpose of the branch church, so it is necessary to pass a resolution by 2/3 or more of the members with voting rights in accordance with the amendment of the articles of incorporation of the association, and if the members who agreed to move to the religious order do not reach 2/3 of the members with voting rights, the previous church still has been in the status of the members of the previous religious order (see Supreme Court Decision 20707Da700.

B. As to this case, it was judged that the resolution of the withdrawal of this case was null and void because there was a serious defect in the procedure for convening a general meeting of the members or the method of resolution, and the fact that the pastors of this case withdraws from the Korean Telecommunication Association and the Seoul Eastern Labor Association on behalf of the defendant church, and further joined the independent church association and the Northwest Labor Association in sequence, as seen earlier, there is no other data such as the fact that the resolution of the withdrawal of this case was ratified by the general meeting of the members of the Korean Egyptian association. Thus, the identity of the Gisung church shall continue to exist in the plaintiff church, which belongs to the Korean Egyptian association, regardless of the circumstances such as the fact that the defendant church actually occupies the building of the Gisung church and actually lives for worship and religious life, or that the number of members supporting it is relatively large, Defendant church is a church separate from the sexual church, and thus there is no right to the property of the defendant church.

C. Therefore, the identity of the Gisung church shall continue to exist in the plaintiff church and the plaintiff church shall have the ownership of the deposit claim on the deposit account of this case. Thus, the right to claim a payment of the deposit money of this case shall be against the plaintiff church, and as long as the defendant church contests it, there is a benefit to seek confirmation.

In this regard, the defendant church has donated money to the members of the defendant church for the defendant church in the savings account of this case, so the ownership of the deposit claim on the savings account of this case has the defendant church, but it is not sufficient to recognize that the members of the defendant church have donated money to the savings account of this case for the defendant church only with the entries of No. 15, No. 16, and the testimony of Non-party 10, the witness of the first instance court, and there is no other evidence (the aforementioned opinion is raised by the contribution of the members of the Sungsung church). The above argument of the defendant church is without merit.

In other words, the defendant church's deposit claims on the deposit account of this case are jointly owned by the members of the luminous church, and since the members of the defendant church are the members of the luminous church, only the plaintiff church has a deposit claim on the deposit account of this case or cannot exercise their right to claim the return of deposits. However, as seen above, even though the members of the defendant church are the members of the luminous church, the defendant church, who is a separate church from the luminous church, cannot have any right to the properties of the plaintiff church that exists with the luminous church or the identity of the luminous church, shall not have any right to the luminous church or the property of the plaintiff church that exists. Therefore

4. Conclusion

Therefore, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed. It is so decided as per Disposition.

[Attachment of List]

Judges Kang Jong-ju (Presiding Judge)