The judgment below

Of them, the part of the Plaintiff’s Council as to BL, C, BM, BN, and Plaintiff D church, which are the litigant’s lawsuits, and against Plaintiff B and C.

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

1. According to the reasoning of the lower judgment as to the grounds of appeal by Plaintiff Diplomatic Association (hereinafter “Plaintiff church”) on the claim for damages regarding the donation agreement on religious site, the lower court obstructed the Defendant’s fulfillment of conditions against the good faith and trust, which would be disadvantaged due to the fulfillment of the conditions of suspension added to the instant donation agreement as indicated in the lower judgment

The court determined that it is difficult to recognize that the defendant did not perform his duty to take measures so that the contract of donation of this case may take effect, or that the head of the defendant's association had induced the plaintiff church.

In light of the relevant legal principles and records, the above determination by the court below is just and acceptable. In so doing, it did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, failing to exhaust all necessary deliberations, omitting judgment, or by misapprehending the legal principles on the fulfillment of conditions

2. As to the plaintiffs and the defendant's grounds of appeal on the claim for damages related to the building construction agreement

A. According to the reasoning of the lower judgment as to the Defendant’s grounds of appeal on the occurrence of liability for damages, the lower court, based on the following circumstances, agreed upon between the Plaintiff and its members and the Defendant (or the rebuilding promotion committee) to build a commercial building as stated in the rebuilding resolution agreement of this case (hereinafter “instant building construction agreement”), and the Defendant’s rebuilding resolution was made in accordance with the rebuilding agreement of this case, which led to a resolution of the general meeting of partners on the building construction agreement of this case. The Defendant thereafter opposed to the members of the instant commercial building.