Where a church does not have a resolution on management and disposal of the properties jointly owned by the members at the time of two divisions, the propriety of the request for cancellation of the registration of the registered titleholder concerning the properties jointly owned by the plaintiff church which includes some members of the previous church and the new members (negative)

Where a church is divided into two, the church property shall belong to the collective ownership of the members at the time of the division, and the management and disposal of the collective ownership property shall follow the resolution of the general meeting. Therefore, the court below is justified in rejecting the request for cancellation of the registration of change of the registered titleholder concerning the real estate of the previous church which includes some members of the previous church and the new members, on the ground that there was no resolution of the members at the time of the division.

Articles 275 and 276 of the Civil Act

Supreme Court Decision 80Da2045,2046 Decided December 9, 1980 (Gong1980, 13461) (Gong1980, 13461) 84Meu730 Decided February 8, 1985 (Gong1985, 416) (Gong1987, 177) decided October 26, 1987

Attorney Lee Young-chul, Counsel for the plaintiff-appellant of the Korean Republic of Korea Association

[Defendant-Appellant-Appellee] Plaintiff 1 and 2 others, Counsel for defendant-appellant-appellee-appellant-appellant-appellee-appellant-appellee-appellant-

Seoul High Court Decision 89Na4896, 49005 delivered on June 29, 1990

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

The grounds of appeal (2) and (3) are also examined.

According to the reasoning of the judgment of the court of first instance cited by the judgment of the court below, the previous Korean Association of the Korean Association of the Korean Association of the Korean Association of the Korean Association of the Korean Association of the Korean Association of the Korean Association of the Korean Association of the Korean Association of the Japanese Association of the Korean Association of the Korean Association of the Korean Association of the Korean Association of the Korean Association of the Korean Association of the Korean Association of the Korean Association of the Korean Association of the Korean Association of the Korean Association of the Korean Association of the Korean Association of the Korean Association of the Korean Association of the Korean Association of the Korean Association of November 10, 192, purchased the land of this case and completed the registration of ownership transfer under its name, newly constructed a building for the division of the Korean church on that ground. The members who concealed the non-party Kim Jong who held office as the father of the above church of the Korean Association of the Korean Association of the Korean Association of the Korean Association of the Korean Association of the Korean Association of the Korean Association of the Korean Association of the Korean Association of the Japanese Association of the Korean Association of the Korean Association of the Korean Association of the Korean Association of the Korean Association of the Korean Association of the Japanese Association of the Japanese Association of the Association of the merger.

If a church is divided into two churches, the church property shall belong to the collective ownership of the members at the time of the division (see Supreme Court Decision 80Da2045,2046, Dec. 9, 1980; Supreme Court Decision 84Meu730, Feb. 8, 1985; Supreme Court Decision 85Meu1320, Oct. 26, 1987; Supreme Court Decision 88Meu21975, Jun. 27, 1989; etc.) and the management and disposition of collective property shall be made by a resolution of the general meeting. Accordingly, the court below is just in rejecting the plaintiff's claim of this case on the ground that the previous church did not have a resolution of the members at the time of the division, and there is no objection to this.

The grounds of appeal No. 1 are examined.

The issue is that the registration of transfer of ownership and the registration of preservation of ownership in the name of the previous new church were made by the resolution of the original members, and the defendants lost the membership of the above church between the time when the above new church was withdrawn, and even if the land and the building of this case belong to the joint ownership of the members at the time when the land and the building of this case are divided into two churches, the defendant, without the resolution of the general meeting, failed to find the allegation that the change in the name of the registered titleholder was unlawful. As seen earlier, as seen above, the land and the building of this case belong to the joint ownership of the members at the time when the previous new church is divided, and the exercise of their rights should be decided by the general meeting of the members at the time when the new church is divided, and as such, the above argument in this case that rejected the plaintiff's claim of this case does not affect the conclusion of the judgment of the court below. It is without merit.

Therefore, the appeal is dismissed and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Park Yong-dong (Presiding Justice)