[1] Where a church is divided, the relationship of attribution of the church properties

[2] In a case where the conflict between the members of a church deepens and the church is divided, and one of the church convened and held after the division of the other church makes a resolution to donate real estate which is the properties of the church to the General Assembly Maintenance Foundation, and the registration of ownership transfer is completed as a gift for the above real estate by filing an application for registration with a registered public official according to the above resolution, the case affirming the judgment of the court below which held that the above resolution of the church is established on the ground that the convocation and resolution procedure is unlawful, and that the crime of false entry in the original copy of the authentic deed

[1] In general, in a case where one church is divided into two churches, the church's head or other generally approved regulations provide for the cases where the church is divided into two churches, so the properties of the previous church shall belong to the collective ownership of the members at the time of the division, and the members shall use and benefit from the church properties which are the objects of collective ownership within the scope of the activities of each church, unless otherwise stipulated in advance for the ownership of the properties of the previous church.

[2] In a case where the conflict between the members of a church deepens and the church is divided, and one of the church convened and held after the division of the other church makes a resolution to donate real estate which is the properties of the church to the General Assembly Maintenance Foundation, and the registration of ownership transfer is completed as a gift for the above real estate by filing an application for registration with a registered public official according to the above resolution, the case affirming the judgment of the court below that the above resolution of the church is established on the ground that the convocation and resolution procedure is unlawful, and that the crime of false entry in the original copy of the authentic deed and the crime

[1] Articles 275 and 276 of the Civil Act / [2] Articles 228 and 229 of the Criminal Act

[1] Supreme Court Decision 98Do126 delivered on July 10, 1998 (Gong1998Ha, 2174)

Defendant

Defendant

Attorney Clinical Hyun-chul

Gwangju District Court Decision 2004No2585 Decided May 20, 2005

The appeal is dismissed.

The defendant and public defender's grounds of appeal are also examined.

In general, in case where one church is divided into two churches, the church's head or other generally approved regulations provide for the case of the division of a church, so the church's properties are collectively owned by the members at the time of the division, and the properties of the previous church belong to the collective ownership of the members at the time of the division, and the members can use and profit from the church properties which are the objects of collective ownership within the scope of the activities of each church (see Supreme Court Decision 98Do126, Jul. 10, 1998).

After recognizing the facts in its reasoning based on the employed evidence, the court below held that the provision that "the property of the Korean War Veterans Association, which is the property of the Constitution of the Korea War Veterans Association and the Constitution of the Republic of Korea does not have a right to share to the members, and the person who leaves the church shall waive his right to the property," is not simply a case where the members of the church leave the church and lose their status as members of the church, as in this case, it cannot be deemed binding in case where some of the members leave the church and join a new religious order and divide them into a separate church. Therefore, barring special circumstances, the court below held that the real estate in this case is still jointly owned property of the (title omitted) church before the division, on the premise that the real estate in this case is still jointly owned property of the (title omitted), since the church was convened by only the defendant and the head of the supporting members, the resolution to donate the real estate in this case from the above church to the Foundation for the maintenance of the general meeting is unlawful, and that the above resolution procedure is unlawful, and that the above real estate is recorded in the original copy of a notarial deed.

In light of the above legal principles and records, the above fact-finding and judgment of the court below are just and acceptable. Contrary to the allegations in the grounds of appeal, there is no error in the misapprehension of legal principles as to the division of a church, the ownership of church properties, and the criminal intent of the original of a notarial deed, and the precedents cited in the grounds of appeal cannot be invoked in other cases.

In addition, in this case where a fine is sentenced, the reason that the amount of punishment is unreasonable shall not be a legitimate ground for appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Park Jae-sik (Presiding Justice)