The Korean Association of the President of the Korean Civil Aviation (U.S.) ○○ Association (Attorney Kang-won et al., Counsel for the defendant-appellant)

[Defendant-Appellee] The ○○ Association of Korea (Law Firm LLC, Attorneys Ansan-gu et al., Counsel for defendant-appellee)

November 14, 2008

Seoul Eastern District Court Decision 2006Gahap13702 Decided February 15, 2008

1. The plaintiff's appeal is dismissed.

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

The judgment of the first instance shall be revoked. Attached 1. It is confirmed that the real estate stated in the list is owned by the plaintiff.

1. Quotation and revision of judgment of the first instance;

The court's explanation on this case is consistent with the reasoning of the judgment of the court of first instance, except for the case where the "decision on the merits of 3.0" in the reasoning of the judgment of the court of first instance is modified as follows, and therefore, it is acceptable to accept it in accordance with the main sentence of Article 420 of

[Completioned Parts]

A. The plaintiff's assertion

(1) As long as a branch church is recognized as an independent non-corporate body as an organization with the capacity of being a party, the two meetings of the members, which are convened on November 3, 2002 and November 17, 2002, fall under the general meeting of non-corporate groups, and the ten new members of the defendant church who was not a member of that general meeting have renounced their authority as the new church. In other words, as a resolution of the second general meeting of members, the previous church has withdrawn from the Seoul East Union, which is a member of that association. Accordingly, the new members of the defendant church is in a position to comply with the above resolution of the above church's withdrawal, and the gathering of the above church and continuing to belong to the above church is in contravention of the policies of the existing church, which is the removal of the existing church, and therefore, the plaintiff church is succeeding to the existing church. Therefore, the real estate recorded in the list 1.

(2) Even though it is necessary to adopt a resolution of 2/3 or more of the voting members of the previous church at the time of October 30, 2002, the members of the previous church at the 20th meeting of November 30, 2002, but the 20 members of the previous church at the 20th meeting of November 3, 2002 were dismissed from the 20th meeting of this △△△△△△△△△△△△ and its support, and 10 members of the above 2,3,4,5,6,7,7,8,9,10 were separated from the previous church and carried out an independent act, and therefore, 20 or more members of the previous church at the 20th meeting of the above 10 members of the previous church at the 20th meeting of November 17, 200 and 10 or more of the 10th members of the voting rights of the previous church at the 10th members of the Seoul 20 or more of the 17th members church.

B. Determination

(1) The premise for the determination

If it is recognized that a branch church that has joined a specific religious order has accepted the constitution of the religious order as its rules for the branch church, changes to the religious order actually results in changing the rules of the branch church, and if the branch church has established its own rules, changes to 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, changes in the religious order requires a resolution by the consent of 2/3 or more of the members with voting rights, as it requires changes in the articles of incorporation of the association. If a resolution on withdrawal from the religious order or changes to the religious order does not reach 2/3 of the members with voting rights, the consistency of the previous church still belongs to the previous religious order. Therefore, if the two-thirds or more of the members with voting rights have passed a resolution on withdrawal, etc. from the religious order but the resolution on changes to the religious order has been made lawfully and effectively (see Supreme Court Order 2007Ma24, Jun. 29, 2007).

(2) Judgment on the Plaintiff’s assertion

㈎ 갑 17호증의 기재와 제1심 법원의 대한예수교장로회총회에 대한 사실조회결과에 변론의 전취지를 더하여 보면, 대한예수교장로회 합동측 교단 소속의 교회가 되기 위하여는 노회에서 요구하는 소정 양식을 갖추어 노회에서 허락을 받은 다음 총회에 등록하는 절차를 거쳐야 하고, 위 합동측 교단 소속 교회 중 교단 산하의 어느 노회에도 소속되지 아니한 교회는 있을 수 없는 사실, 원고 교회측 교인들이 2002. 11. 17.자 결의를 통해 서울동노회를 탈퇴함으로써 그 이후 원고 교회는 위 합동측 교단 소속의 교회가 아닌 독립교회가 된 사실을 인정할 수 있다.

According to the above facts, it is determined that some of the members of the previous church agree to withdraw from the Seoul Dong's association through the resolution of November 17, 2002 is not simply to leave the association but to leave the joint order. Therefore, the previous church entities shall continue to exist as the plaintiff church that left the religious order only after the resolution of at least 2/3 of the members with voting rights, in accordance with the amendment of the articles of incorporation of the association, shall undergo a resolution in accordance with the amendment of the articles of incorporation of the association. Therefore, the plaintiff's first argument that the plaintiff church succeeded to the previous church cannot be accepted.

㈏ 먼저, 이△△ 목사와 그를 지지하는 일부 교인들이 2002. 11. 3.자 교인총회에 참석하지 아니하였거나 그 이후 별도로 예배를 드리며 원고 교회측 교인들과 대립하였다고 하더라도 그러한 사정을 들어 위 교인들이 종전 교회를 탈퇴한 것이라고 볼 수는 없으므로, 이△△ 등 10명이 종전 교회를 탈퇴하였다는 취지의 원고의 주장은 받아들일 수 없다(원고는 이와 관련하여 ‘2002. 11. 3. 이△△ 목사가 해임됨으로써 이△△ 목사와 그 가족인 소외 2, 3, 4, 5 등 5인은 종전 교회 교인 명단에서 제외되었다’는 취지로도 주장하나, 목사 해임으로 인하여 목사 및 그 가족들이 교인 명단에서 제외된다고 볼 만한 아무런 근거도 없으므로, 이러한 점을 전제로 한 원고의 이 부분 주장 역시 받아들일 수 없다).

Next, with respect to whether more than 2/3 of the members with voting rights at the time of the resolution of November 17, 2002 were approved, the health account is as described in attached Table 2, and 38 of the members with voting rights of the previous church at the time of the above resolution, as described in attached Table 2, and 12 of the members (or 45 of the members) thereafter agreed to the above resolution, and all of 50 of the members with voting rights (or 5 of the members) agreed to the above resolution, the testimony of the non-party 11 of the first instance trial witness 7, 14, 15 of the evidence, Eul evidence No. 22-1 through 45 of the evidence No. 11-1, Gap evidence No. 15-1, 15-2 of the above resolution, and non-party 11 of the first instance trial witness No. 31-1, evidence No. 361-1, 36-1, 36-1, and 4-1 of the evidence No.

Meanwhile, according to Gap evidence 2-2, Gap evidence 7, Eul evidence 2-2, Eul evidence 24, Eul evidence 25-2, Eul evidence 9-1, Eul evidence 10-7, Eul evidence 14, Eul evidence 22-1, and Eul evidence 22-1 through 43, there is no meeting called "the private assembly" in the constitution of the Korean Civil Assembly. However, in Chapter 21, Article 11-2 of the previous church's articles of association provides that "the private assembly members of the church shall be multi-party members of the church," and Article 11-2 of the previous church's articles of association shall be "the non-party members of the church shall be three or more of the members of the church," and Article 25-2 of the above church's articles of association shall not be deemed to be "the non-party members of the 50-party council, the non-party 2, the non-party 3, the non-party 1, the non-party 2, the non-party 4, the non-party 2, 17, 28 1, 24, and 28

2. Conclusion

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit, and it is so decided as per Disposition.

[Attachment 1 and 2]

Judges Gangnam-gu (Presiding Judge) Kim Yang-hee Kim Jong-hee