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(영문) 대구고법 1974. 10. 29. 선고 73나902 제3민사부판결 : 상고
[임야소유권이전등기말소청구사건][고집1974민(2),199]
Main Issues

The ability of a party to an unregistered inspection and whether it is the representative of its knowledge;

Summary of Judgment

If the inspection is not registered with the supervisory office under the Act on the Management of Buddhist Property and there is no person registered as the chief executive office of the supervisory office, and if the inspection forms an organization centering around the believers and is acting as the representative due to the person appointed as the chief executive officer, the inspection is an organization falling under Article 48 of the Civil Procedure Act and the chief executive officer is also entitled to represent the inspection.

[Reference Provisions]

Article 48 of the Civil Procedure Act, Articles 6 and 9 of the Management of Buddhist Property Act

Plaintiff and appellant

Korean Buddhist Dolcheoncheon Dolcheon-do

Defendant, Appellant

Defendant

Judgment of the lower court

Busan District Court (73Gahap986)

Text

The original judgment shall be revoked.

The case is remanded to Busan District Court Panel Division.

Purport and purport of appeal

The original judgment shall be revoked.

On April 16, 1973, the Busan District Court No. 13891 delivered on April 16, 1973, No. 13891 delivered on April 12, 197, against the plaintiff, the defendant will implement the registration procedure for cancellation of ownership transfer registration for the reason of sale.

The defendant delivered the above forest land to the plaintiff and delivered the above land trees and apap apap assessment 1 to 20 square meters per unit, 1 to 1 to 5 to dong, l to 1 to 35 square meters, 1 to 1 to 35 square meters, 1 to 2 square meters per 1 to 12 square meters, 1 to 12 square meters per 1 to 12 square meters, respectively.

All the costs of lawsuit shall be borne by the defendant through the first and second trials.

A provisional execution may be effected only under the latter part of paragraph (2).

Reasons

Article 9 of the Non-School Property Management Act provides that the head of the non-school organization shall be registered with the head of the literature and delivery department without delay. Thus, this provision holds the status of the non-school organization as a person in charge of the non-school property and the status of the manager of the non-school property under the freedom of religion guaranteed by the Constitution. However, the awareness of the non-party 1 as a person in charge of the pure religious instruction who instructs and educates the non-party 1 can assume the status of the appointment if he is appointed according to the internal appointment procedure without involvement in the law of any country, but the status of the non-party 1 as a person in charge of the property of the non-school organization can be deemed to be the attitude of the state law to control the status of the non-party 1 as a person in charge of the property of the non-party 1, Article 11, Article 16 and Article 2 of the Addenda of the Civil Procedure Act, and thus, the so-called "non-party 1" body's qualification requirements cannot be seen as a person in charge of the law.

In addition to the non-party 1's non-party 1's non-party 2's non-party 1's non-party 6's non-party 1's non-party 6's non-party 9's non-party 1's non-party 6's non-party 9's non-party 1's non-party 6's non-party 9's non-party 1's non-party 6's non-party 9's non-party 9's non-party 1's non-party 2's non-party 9's non-party 9's non-party 1's non-party 6's non-party 9's non-party 1's non-party 9's non-party 2's non-party 9's non-party 1's non-party 2's non-party 9's non-party 1's non-party 2's non-party 9's non-party 9's non-party 1'

Therefore, the judgment of the court below which dismissed the lawsuit on the ground that the ownership of the property is no representative, regardless of how it is determined, is unfair, and therefore, it is so decided as per Disposition by the Ordinance of the Ministry of Strategy and Finance after cancelling the case by Article 388 of the Civil Procedure Act.

Judges Gangseo-il (Presiding Judge) Park Jong-ho

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