(a) Type of holding the properties that consist of the revenues of a church;

(b) Preservation method of collective ownership; and

(a) The disposal of the properties in a church shall follow the resolution of the general meeting by the members of the church, unless there are special circumstances, since the properties belonging to the church, such as the annual report of the members, the donation of money and other properties, which belong to the church, belong to the collective ownership of the members of the church.

B. As to the preservation of property jointly owned, Article 265 of the Civil Code concerning the preservation of property jointly owned cannot be applied, and unless there are special circumstances, it shall undergo a resolution of the general meeting under Article 276(1) of the Civil Code.

Articles 265, 275, and 276 of the Civil Act

Supreme Court Decision 67Da2125 Decided November 19, 1968, Supreme Court Decision 73Da47 Decided May 27, 1975

The Foundation that maintains the General Meeting of the Korean President of the Korean Association;

Defendant (Counterclaim Plaintiff, Appointed Party)

Gwangju High Court Decision 79Na14, 17 decided July 9, 1980

The part concerning the counterclaim among the original judgment shall be reversed, and the case shall be remanded to the Gwangju High Court.

The remaining appeals (the part on the main office) by the Plaintiff (Counterclaim Defendant) are dismissed.

The costs of appeal against the above dismissal are assessed against the plaintiff (Counterclaim defendant).

The grounds of appeal by the plaintiff (Counterclaim defendant, hereinafter only referred to as the plaintiff) are examined.

1. As to the main part of the lawsuit:

Unless there is a special reason, the church's annual report to the members of the church, which is a ○○ church association, shall belong to the collective ownership of the members of the church (refer to Supreme Court Decision 67Da2125 delivered on November 19, 1968). Therefore, in the disposal of the above properties, if there is no provision or other rules of the church, the resolution of the general meeting of the members of the church shall be followed. In the same purport of the judgment below, the court below is justified in holding that the above building and its affiliated buildings belong to the collective ownership of the members of the ○○ church association and its affiliated buildings constructed with the members of the ○○ church, including the defendant (Counterclaim; hereinafter the designated members), and that there is no violation of the articles of association or rules of the ○○ church, or that there is no violation of the rules of the above church's collective ownership of the whole members of the above church, which belongs to the above resolution of the general meeting of the members of the above ○○ church, including the defendants, and that there is no violation of the legal reasoning for the above resolution of the members of the church.

2. With respect to the counterclaim:

First, we examine whether the Defendants are qualified as parties, and the provisions of Article 265 of the Civil Act concerning the preservation of jointly owned property cannot be applied to the preservation of jointly owned property, and barring any special circumstance, barring any special circumstance, the above ○○ School building and its affiliated buildings should undergo a resolution of the general meeting under Article 276(1) of the Civil Act (see Supreme Court Decision 73Da47, May 27, 1975). According to the grounds for the counterclaim, the Defendants, on the ground that the above ○○ School building and its affiliated buildings belong to the joint ownership of the entire members of the above ○○ School Association, have been preserved on the ground that the above ○○ School building and its affiliated buildings belong to the joint ownership of the entire members of the above ○○ School Association, and there is no need to cancel the registration of ownership preservation of the Plaintiff Foundation's name and remove the signboards attached to the above building without the above ○○ School Association's resolution and its affiliated building's counterclaim. Thus, the lower court did not err in its judgment by misapprehending the legal principles as to the above.

Therefore, regarding the counterclaim part among the original judgment, the judgment shall be reversed and remanded to the Gwangju High Court. The appeal on the remainder (the part concerning the main lawsuit) shall be dismissed, and the costs of appeal on the above part shall be assessed against the losing plaintiff. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Han-jin (Presiding Justice)