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(영문) 대전지방법원공주지원 2015.10.15 2014가단1682
토지인도 등
Text

1. The defendant shall be the plaintiff.

(a) Attached drawings of 95.58 square meters among the apartment houses of 95.58 square meters, which are multi-story roof of Da-ground sculptures in Gongju-si.

Reasons

1. Determination on this safety defense

A. The Defendant asserts that the Plaintiff is merely a subordinate organization of a religious organization A and thus has no capacity to do so.

On the other hand, a certain organization has regulations that have the nature of an association with its own purpose and have a decision-making body and a method of performing its affairs based on such regulations. A decision-making body or a method of executing its affairs is carried out by the principle of majority majority, regardless of the membership, withdrawal, etc. of its members, the organization itself remains in existence, and where the organization has a representative method, the operation of a general meeting or board of directors, etc., the composition of capital, the management of property, or other important matters of the organization have been determined by its organization, the organization has the substance as a non-corporate body (see, e.g., Supreme Court Decision 9Da4504, Apr. 23, 199). Even if it is a subordinate organization, it is a separate non-corporate body that recognizes it as an independent social organization with its independent rules as a non-corporate body.

In full view of the purport of the whole arguments in Gap evidence 6, Gap evidence 14 through 16, and Gap evidence 19 through 31 (including provisional numbers; hereinafter the same shall apply), the plaintiff has prepared separate articles of association with A religious organization and accordingly, the general assembly and enforcement agencies which are decision-making organizations have been organized by appointing officers such as representatives, etc., decision-making by majority at the general meeting, regardless of members' accession to or withdrawal from the meeting, the fact that the decision-making continues to exist for the purpose of the decision-making by majority at the general meeting, and the fact that the articles of association stipulate the methods of appointing representatives, the general meeting or the board of directors, the methods of managing assets, etc., and therefore, the fact that

According to the above facts, the plaintiff can be the subject of rights and obligations separate from A religious organizations.

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