logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2015.05.29 2012다14340
건물명도등
Text

All appeals are dismissed.

All costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Legal principles concerning church withdrawal

A. If some of the members leave a church and lose the status of the members of the church, they lose the status of participating in the resolution on the management and disposition of the properties jointly owned by the previous church or the right to use and benefit from the properties of the previous church, the previous church consisting of the remaining members to maintain the identity of the entity, while the properties of the previous church belong to the collective ownership of the remaining members of the church (see Supreme Court en banc Decision 2004Da37775, Apr. 20, 2006).

In determining whether or not a member withdraws from a church, it shall be determined by comprehensively taking into account the following circumstances, i.e., whether the member expresses his/her intention to withdraw from the church, whether or not there exists a religious community separate from the previous church, such as dumping the doctrine of the church that the previous church had followed and the method of the worship and the method of worship, whether the name of the church, the articles of association and the place of worship, etc. are changed, and whether it can be deemed that he/she has formed a separate religious community with the previous church, such as iceing another pastor, or having an independent organization by newly selecting the head, the house, etc. and by independently selecting the head, etc., and whether he/she has asserted or acted on the premise that it

(See Supreme Court Decision 2009Da67658 Decided May 27, 2010, etc.). C.

The withdrawal from a church is distinct from the change of a religious order, and even if some members resolve to move to a religious order, if they do not intend to move to a different religious order but intend to move to the previous church, they cannot be deemed to have left the church solely on the ground that they resolved to move to a different religious order.

(See Supreme Court Decision 2009Da67658, etc.).

arrow