In a case where Eul church, which is a branch church of the Gap association, left the retirement age from the position of all-time pastors as well as the general members of Eul church, left the church from the age of all-time pastors, and the members of the Gap association sent the fact to Eul association as the temporary members of the Eul church in order to dispose of the Eul church's properties, and around that time, the non-permanent members of the Gap association resigned from the office of the members of the Eul church and registered Eul church as members of the Eul church, but the temporary members of the Eul church, who are the members of the Eul church, for the purpose of owning and managing the properties of the Gap association and the branch church established for the purpose of owning and managing the properties of the Eul church, the case holding that in a case where the church concluded a contract between Eul et al. and the foundation corporation established for the purpose of owning and managing the properties of the Gap association and the branch church, the church did not dissolve the members of the church, and the church's donation cannot be deemed as null and void since it did not lose the status of the members of the church, as members of the church.

Since there is no regular member in the church Eul, which is a branch church of the Gap association, the branch church of the Eul association, and there is no regular member in addition to the whole club Byung retired from the retirement age, the members' association of the Gap association sent the fact to the temporary members of the Eul church in order to handle the properties of the Eul church, and around that time, the members of the Eul church retired from the position of the members of the previous church of the Gap association, and the members of the Eul church were registered as the members of the Eul church, along with the number of members of the previous church, and the members of the Eul church were engaged in religious activities in the Eul church. However, as for the real property of the Eul church, such as the building used as the place for common worship, the members of the temporary members of the church, which was the members of the Eul church, concluded a contract between the Eul church and the landscape foundation established for the purpose of owning

The case holding that it is legitimate for the association members of the association of the first time to complete the establishment of the church and that the number of its members may increase in the future. Thus, in light of the relevant provisions and overall circumstances of the religious assembly constitution to which Eul church belongs, the members of the association Eul has the status of the members of the association who are the members of the Eul church, and even if the pastor leaves his retirement age, it is not lost the status of the members, since Eul church's member does not lose the status of the members, it cannot be deemed that the members of the association of the first time to leave the association, and under the relevant provisions such as the Constitution of the general assembly, it is legitimate for the association members of the association of the first time to transfer the church to the temporary members of the association of the Eul church, but it is difficult to view that the procedure of the church name is a religious procedure, which limits the membership or qualification of an association which is not a juristic person, as an internal procedure, and since the church members of the previous church did not have any nature of increase or decrease in the membership of the church, it cannot be deemed that members of the church.

Articles 31, 77(2), 275, and 276 of the Civil Act

The Korea Foundation for the Maintenance and Management of the Korea Foundation (Law Firm Taeyang, Attorneys Imyang-sung et al., Counsel for the defendant-appellant)

Defendant church

Busan District Court Decision 2017Gahap52065 decided October 4, 2018

September 19, 2019

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The judgment of the first instance is revoked. The defendant will implement the procedure for the registration of ownership transfer on September 29, 2017 with respect to each real estate listed in the attached list to the plaintiff.

1. Basic facts

A. The Korea Egynam Association, the Daegu Seonam Association, which belongs to the Korea Egynam Association, (hereinafter “Tgu Seonam Association”), is a religious organization that reports its branch churches and affiliated agencies and organizations. The Plaintiff is an incorporated foundation established for the purpose of owning and managing the property of the Daegu Seonam Association and its affiliated branch churches. The Defendant is a branch church affiliated with the Daegu Seonam Association, which is the owner of each real estate listed in the separate sheet (hereinafter “instant land”; the land and buildings listed in the separate sheet; the “instant building”; and the “each real estate of this case” collectively referred to as the “each real estate of this case”).

B. After its establishment on August 15, 1980, the Defendant completed the registration of ownership transfer under the name of the Defendant with respect to the instant land on August 5, 1987, and completed the registration of ownership preservation on the instant building on December 7, 1989. The Defendant used the instant building as a place of joint worship from around that time.

C. On September 9, 1986, Nonparty 1 (date of birth omitted) obtained permission from the Daegu Labor-Management Association, and became a temporary pastor of the Defendant. On October 11, 201, Nonparty 1 (date of birth omitted) was dispatched to the Defendant’s Jeondogian Council by the Daegu Labor-Management Association. Meanwhile, the Defendant’s general pastor was not from around 201, and Nonparty 1 was retired from the Defendant’s office of Jeondogian on October 6, 2015, when he was over 70 years of age.

D. On March 15, 2017, Nonparty 2 filed a petition with the Defendant for a closed school meeting on the grounds that the Defendant’s members do not have any one name, and thus, the Defendant could not exist. On March 15, 2017, Nonparty 2 requested the Defendant to dispose of each of the instant real estate owned by the Defendant.

E. On April 11, 2017, at the first regular executive meeting of the Daegu Western Labor Association, the executive board decided to dispatch Nonparty 5 to the Defendant’s temporary chairperson pursuant to the above petition to Nonparty 3, Nonparty 4, Nonparty 5, Nonparty 2, the head of Nonparty 6, Nonparty 7, and Nonparty 8, etc., and decided to temporarily dispatch Nonparty 5 to the president. The executive board of the Daegu Western Labor Association decided to temporarily dispatch Nonparty 5 to the Defendant’s temporary chairperson pursuant to Article 16-7 of the Regulations on the Implementation of the General Assembly of Korea (hereinafter “Rules on the Implementation of the General Assembly’s Constitution”) at the second regular executive meeting of the Daegu Labor Association at the 180th regular executive council of Korea on May 10, 2017, pursuant to Article 16-7 of the Enforcement Rule of the General Assembly of Korea (hereinafter “Rules on the Implementation of the General Assembly’s Constitution”), and sent Nonparty 5 to the Defendant’s temporary president at that time.

F. On May 7, 2017, Nonparty 9 retired from the post of the △△△△△△ church, which belongs to the Daegu Labor-Management Association, and is engaged in religious activities, including registering the number of members of the △△△△△△ church as the Defendant’s members and towing of the instant building, from May 14, 2017.

G. On June 25, 2017, the Defendant’s steering committee (committee) decided to listen Nonparty 9 to Nonparty 9 as the Defendant’s gathering officer, and filed a petition with the Defendant requesting the temporary president in charge of the meeting for this purpose. On June 30, 2017, Daegu Western Labor Association already dispatched Nonparty 5 to the Defendant as the Defendant’s temporary president on June 30, 2017, all documents in the future are received from Nonparty 5, and the Defendant’s petition was rejected.

H. On August 13, 2017, the Defendant: (a) selected Nonparty 1 as the president of the party branch on behalf of the head of the party branch; and (b) opened a temporary removal session to ice Nonparty 9 as a standing tree officer; and (c) submitted a letter of ice ice ice ice ice ice ice to the Daegu Seocho-gu Council; and (d) on September 5, 2017, Daegu Western-gu Council organized the committee on the right to training against the Defendant at the board of directors; and (c) dispatched the Defendant’s provisional president to the Defendant, all administrative affairs are subject to consultation with the training authority committee; and (d) rejected the said letter of ice ice ice.

I. On September 22, 2017, Nonparty 5, as a temporary president of the Defendant’s provisional political party, entered into an agreement with the Defendant to incorporate and preserve each of the instant real estate into a gift agreement with the Plaintiff on September 22, 2017. On September 29, 2017, the Plaintiff entered into a contract with the Defendant to donate each of the instant real estate to the Plaintiff (hereinafter “instant gift agreement”).

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 4 through 7, 9, 12 (if there are serial numbers, including branch numbers; hereinafter the same shall apply), Eul evidence 3 through 9, 11, 14, 17 through 19, 24 and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion

1) From around 2011, the Defendant had no general school personnel belonging to the Defendant, and Nonparty 1 returned to the Daegu Seo-gu Labor Relations Council as the Defendant retired at the retirement age around 2015, and there was no school personnel belonging to the Defendant from that time. Accordingly, the Defendant was abolished on October 6, 2015 and became an closed school circuit. Nonparty 1 managed each of the instant real estate even after the Defendant was retired from the Defendant’s position as the front school physician, but did not engage in activities as a wedding community, and thus, it cannot be deemed as a party belonging to the Defendant, and is merely a manager of each of the instant real estate.

2) On May 10, 2017, the executive branch of the Daegu Western Labor Association dispatched Nonparty 5 to the head of the Defendant’s temporary party branch in order to dispose of the Defendant’s property. Such a temporary party branch is lawful in accordance with Article 16-7(2) of the Enforcement Rule of the General Assembly.

3) 30 of the 40 members registered in the school register submitted by the Defendant, who are the members of the △△△△ church, and the remaining 10 members are either present at the other church or new members, and they are not the prior members of the Defendant. The members of the △△△△△△ church did not follow the procedures for the transfer of the name of the Defendant under Article 17 of Part II of the Constitution of the General Assembly of Korea (hereinafter “General Assembly Constitution”). Accordingly, the Defendant’s members are not the Defendant’s members.

4) Nonparty 5 is the temporary president of the Defendant and the representative of the Defendant, who is entitled to dispose of the Defendant’s property according to the general assembly constitution. Nonparty 5 decided to incorporate each of the instant real estate into and preserve the Plaintiff pursuant to Article 95(2) of the General Assembly Constitution, and concluded the instant gift agreement with the Plaintiff, and the said gift agreement is valid.

5) Therefore, the Defendant is obligated to implement the procedure for the registration of ownership transfer on September 29, 2017 with respect to each of the instant real estate to the Plaintiff.

B. Defendant’s assertion

1) On October 11, 2011, Nonparty 1 continued to manage each of the instant real estate as a member of the Defendant, even after his retirement in around 2015.

2) The executive members of the Daegu Western Labor Association dispatched Nonparty 5, who is the chief executive officer of the Defendant’s provisional political party, to Nonparty 5, who is the chief executive officer of the General Assembly, under Article 33(6) and (13) of the Enforcement Rule of the General Assembly.

3) On May 14, 2017, Nonparty 9 and 53 believerss following Nonparty 1’s request, registered as a member of the Defendant church, and started towing the instant vessel in the instant building. At the present, 70 people are engaged in religious activities as the Defendant’s members.

4) Since each of the instant real property is jointly owned by the Defendant, its management and disposition shall be determined at the general meeting of the parties. Since Nonparty 5 and the Plaintiff concluded the instant gift agreement without going through the above procedure, the said gift agreement is null and void.

3. Determination

A. Whether the Defendant was dissolved on the ground that Nonparty 1 retired from the retirement age, thereby losing his/her membership as a member

1) Relevant legal principles

Even in cases where a church does not acquire legal personality, if many persons who believe the doctrine of the reading of a church form an aggregate for the purpose of common religious activities, establish rules and other rules to organize a decision-making institution and make a representative, etc. and are recognized as meeting the general requirements of an association which is not a legal entity as an independent organization in performing social and economic functions, such as managing the properties of the church, the church shall be established and continued as an association which is not a legal entity. If a church exists as an association which is not a legal entity, the church shall grasp the substance of the church in accordance with the general theory of the Civil Act on an association which is not a legal entity and determine the reversion of the church properties (see Supreme Court en banc Decision 2004Da3775, Apr. 20, 2006, etc.). On the other hand, the provisions excluding the premise of legal personality among the provisions of the Civil Act on an association which is not a legal entity shall be applied to the non-legal entity association, and therefore, if there is no church member who is a non-legal entity, the church shall continue to exist.

2) In the instant case:

A) Issues

The real estate in this case owned by the Defendant, a non-corporate association, belongs to the collective ownership of the members, as seen in paragraph (1) of the following subparagraph. However, the general members of the Defendant did not have been from 2011, and Nonparty 1, who was in the Defendant’s former pastors, retired from the Defendant’s retirement age on October 6, 2015, and Nonparty 9 thereafter registered with the Defendant’s regular members of the △△△△△△△△△△△△△△△△△△△ on May 14, 2017, and registered with the Defendant as the Defendant’s members, and thereafter, was engaged in religious activities until now in the building in this case. As seen above, Nonparty 1 retired from the Defendant’s retirement age at the Defendant’s retirement age, thereby losing the qualification of the Plaintiff, a member of the Defendant who owned each real estate in the form of collective ownership, and was dissolved after Nonparty 9, etc.’s dissolution, as seen above, did not have any effect at the time the Defendant’s agreement was concluded.

B) Relevant provisions of the Assembly Constitution

본문내 포함된 표 ■ 총회 헌법 제2편 정치 제9조 지교회 1. 예수를 믿는 무리와 그 자녀들이 저희의 원하는 대로 일정한 장소에서 성경의 교훈에 따라 하나님께 예배하고 성결하게 생활하며 그리스도의 나라를 확장하기 위하여 활동한다. 이를 지교회라 한다. 제13조 교인의 정의 교인은 성부, 성자, 성령 삼위일체이신 하나님을 믿는 자들인데 그리스도인이라 부른다. 제14조 교인의 구분 교인은 원입교인, 유아세례교인, 세례교인(입교인)으로 구분한다. 1. 원입교인: 예수를 믿기로 결심하고 공동예배에 참석하는 자 2. 유아세례교인: 세례교인(입교인)의 자녀(2세 미만)로서 유아세례를 받은 자 3. 세례교인(입교인): 유아세례교인으로서 입교한(15세 이상) 자 또는 원입교인(15세 이상)으로서 세례를 받은 자 제15조 교인의 의무 교인의 의무는 공동예배 출석과 봉헌과 교회 치리에 복종하는 것이다. 제16조 교인의 권리 세례교인(입교인) 된 교인은 성찬 참례권과 공동의회 회원권이 있다. 단, 공동의회의 회원권은 18세 이상으로 한다. 제21조 교회의 직원의 구분 1. 교회의 직원은 항존직과 임시직으로 구분한다. 제22조 항존직 항존직은 장로, 집사, 권사이며 그 시무는 70세가 되는 해의 연말까지로 한다. 장로에는 두 가지가 있으니 1. 설교와 치리를 겸한 자를 목사라 하고, 2. 치리만 하는 자를 장로라 한다. 단, 항존직에 있는 자가 사정에 의하여 70세가 되기 전에 은퇴를 하고자 하는 경우에는 소속 치리회의 허락을 받아 은퇴할 수 있다. 제24조 목사의 의의 목사의 의의는 다음과 같다. 1. 목사는 예수 그리스도의 양인 교인을 양육하는 목자이며 2. 목사는 그리스도를 봉사하는 종 또는 사자이며 3. 목사는 모든 교인의 모범이 되어 교회를 치리하는 장로이며 4. 목사는 그리스도의 말씀으로 교인들을 깨우치는 교사이며 5. 목사는 구원의 복된 소식을 전하는 전도인이며 6. 목사는 그리스도의 설립한 율례를 지키는 자인고로 하나님의 도를 맡은 청지기이다. 제25조 목사의 직무 목사는 하나님의 말씀으로 교훈하며, 성례를 거행하고, 교인을 축복하며, 장로와 협력하여 치리권을 행사한다. 제26조 목사의 자격 1. 목사는 신앙이 진실하고 행위가 복음에 적합하며, 가정을 잘 다스리고 타인의 존경을 받는 자로서 다음 사항에 해당하는 자라야 한다. ① 무흠한 세례교인(입교인)으로 7년을 경과한 자 제27조 목사의 칭호 목사의 칭호는 다음과 같다. 1. 위임목사는 지교회의 청빙으로 노회의 위임을 받은 목사다. 위임목사가 위임을 받고 폐당회가 되면 자동적으로 담임목사가 된다. 2. 담임목사는 노회의 허락을 받아 임시로 시무하는 목사다. 시무 기간은 3년이다. 4. 전도목사는 노회의 파송을 받아 국내외에서 연합기관과 개척지 또는 군대, 병원, 학원, 교도소, 사회복지시설(양로원, 보육원, 요양원 등), 산업기관, 국내 거주 외국인 등에 전도하는 목사다. 임기는 시무처와 노회의 정한 바에 의한다. [개정 2012. 11. 16.] 8. 원로목사는 한 교회에서 20년 이상을 목사로서 시무하던 목사가 노회(폐회 중에는 정치부와 임원회)에 은퇴 청원을 할 때나 은퇴 후 교회가 그 명예를 보존하기 위하여 추대한 목사다. 원로목사는 당회의 결의와 공동의회에서 투표하여 노회(폐회 중에는 정치부와 임원회)의 허락을 받아야 하고, 그 예우는 지교회의 형편에 따른다. 11. 은퇴목사는 정년이 되어 퇴임한 목사다. 정년이 되지 않아도 조기 은퇴하고자 하면 허락할 수 있다. 제45조 은퇴장로 은퇴장로는 당회와 제직회의 언권회원이 된다. 제57조 은퇴집사, 은퇴권사 은퇴집사, 권사는 정년이 되어 퇴임하거나 특별한 사정에 의하여 정년이 되기 전에 퇴임한 집사, 권사이다. 제직회의 언권회원이 된다. 제64조 당회의 조직 1. 당회는 지교회에서 시무하는 목사, 부목사, 장로 2인 이상으로 조직하되, 당회 조직은 세례교인(입교인) 30인 이상이 있어야 한다. 제67조 당회장 당회장은 다음과 같이 노회가 임명한다. 1. 당회장은 그 교회 시무목사(위임목사, 담임목사)가 된다. 3. 대리당회장은 당회장이 유고할 때 또는 기타 사정이 있을 때 당회장이 위임한 자 또는 당회원이 합의하여 청한 자로 당회장직을 대리케 할 수 있다. 대리당회장은 결의권이 없다. 5. 대리당회장은 은퇴목사에게도 이를 맡길 수 있다. 제68조 당회의 직무 당회의 직무는 다음과 같다. 1. 당회는 교인의 신앙과 행위를 통찰하며 세례, 입교할 자를 문답하며 세례식과 성찬식을 관장한다. 7. 당회는 범죄한 자를 소환 심문하고 증인의 증언을 청취하며 범죄한 증거가 명백할 때는 권징한다. 제72조 노회의 의의 그리스도의 몸 된 교회에 여러 지교회가 있으므로 서로 협력하여 교리를 보전하고, 행정과 권징을 위하여 노회가 있다. 제73조 노회의 조직 2. 노회는 노회 소속 목사와 당회에서 파송한 총대장로로 조직한다. 제74조 노회원의 자격 1. 위임목사, 담임목사, 부목사, 전도목사, 기관목사, 선교목사, 선교 동역자는 회원권이 있다. 재판(책벌) 외의 방법으로는 회원권(결의권, 선거권, 피선거권)을 제한하지 못한다. 2. 공로목사, 은퇴목사, 무임목사, 전 노회장, 전 부노회장은 언권회원이 된다. 3. 총대장로는 서기가 총대명부를 접수하면 회원권이 성립된다. 제77조 노회의 직무 노회의 직무는 다음과 같다. 5. 노회는 신학생 및 신학 졸업생을 관리하며, 목사의 임직, 위임, 해임, 전임, 이명, 권징에 관한 사항을 처리한다. 제90조 공동의회 공동의회는 다음과 같이 한다. 1. 공동의회 회원은 그 지교회 무흠 세례교인(입교인) 중 18세 이상인 자로 한다. 7. 공동의회의 의장과 서기는 당회장과 당회 서기로 한다. 제91조 제직회 제직회는 다음과 같이 한다. 1. 제직회 회원은 시무목사, 장로, 집사, 권사, 전도사, 서리집사로 한다. 4. 제직회 회장은 당회장이 되고, 서기와 회계는 회에서 선정하며, 필요에 따라 부서를 둘 수 있다. ■ 총회 헌법 제3편 권징 제7조 재판국의 설치 및 재판관할 1. 총회 재판국은 총회에, 노회 재판국은 노회에, 당회 재판국은 당회에 각각 설치한다. 2. 목사에 관한 소송사건 및 장로의 노회원 또는 총회원으로서의 행위에 관련된 소송사건의 재판관할은 노회 재판국에 속한다. 일반교인 및 장로, 집사, 권사, 서리집사, 전도사에 관한 소송사건의 재판관할은 당회 재판국에 속한다.

C) In the case of the defendant, whether a pastor loses the status of the member of the branch church;

Considering the relevant provisions of the Constitution of the above General Assembly and the following circumstances revealed by each of the evidence mentioned above, in the case of the defendant who is a branch church belonging to the Daegu Western Labor Association, such a pastor has the status of a member of the defendant, and even if such a pastor retired from the retirement age, he/she should not lose the status of a member of the defendant, even if he/she retired from the retirement age.

① It is required that seven years have passed since he/she was absent in his/her capacity as a pastor (Article 26(1) of the Constitution of the Republic of Korea), and since there is no provision that the status of the faculty when he/she was placed in the general assembly, etc., he/she is also the member of a specific branch church. In principle, the pastor shall save and teach the members of the branch church that is in his/her duty, and exercises his/her right to establish the branch church in cooperation with its head (Article 25 of the Constitution of the Republic of Korea), it is reasonable to view that he/she is a member of the branch church that is not only the member of the branch church, the chairman of the church, and the chairman of the branch church who is the president of the branch church as the member of the branch church (Article 64(1), Article 67(1), Article 90(7), Article 91(4) of the Constitution, and Article 91(4) of the Constitution as the joint chairman of the general assembly, as well as the joint chairman of the church.

② If an incumbent pastor, such as a teacher in a position in the constitution of a general assembly, etc., leaves the branch church, he/she does not lose his/her qualification as a member of the branch church or cannot engage in religious activities as a member of the branch church. Therefore, if a pastor, such as a teacher in a position, leaves the position of a teacher in a branch church even after he/she leaves the position of a teacher in a position after he/she leaves the position of a teacher in a general assembly, etc., he/she shall be deemed to maintain his/her qualification as a member of the branch church.

③ The Labor Association shall be organized into a pastor belonging to the Labor Association and a ledger dispatched by the Labor Association, and the retired pastor also becomes a member of the Labor Association (Articles 73 and 74 of the Constitution of the General Assembly). The head who is a member of the Labor Association or the current pastor is a member of the branch church. Accordingly, the retired pastor is a member of the Labor Association and the member of the branch church cannot be a member of the branch church.

④ The purpose of the union meeting is to preserve the doctrine in cooperation with the branch church and to preserve its administration and authority (Article 72 of the Constitution of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea). Therefore, even if the retirement officer is a member of the union

⑤ The senior pastor is a pastor who was on the leave of one church for not less than 20 years, but who is confluent to preserve his honor after leaving the church (Article 27(8) of the Constitution of the General Assembly). The senior pastor is a member of the branch church he left the church, but generally participates in the worship and various church activities as a member of the branch church he left the church (see subparagraph 37-1, 2).

6) From among the employees of a branch church, the officer of the branch church has a head, an office, and an authorized physician, and the head of the office includes a pastor who concurrently serves as a principal and an associate (Articles 21 and 22 of the Constitution of the General Assembly). Even in the case of retirement of a general master, an office physician, and an authorized physician, etc., he/she shall be deemed to maintain the membership of the branch church, as he/she maintains the membership of the branch church, and even if he/she leaves the office, he/she shall be deemed to have maintained the membership of the member of the branch church: Provided, That as in the case of the branch church as he/she leaves the office, he/she has retired at the retirement age, he/she shall be limited to the rights such as the election of the staff of the branch church given to the general principal.

7) If the president of a branch church is dismissed, etc., he/she may become the president of the branch church (Article 67(3) and (5) of the Constitution of the General Assembly). However, as seen earlier, the current pastor, who is the president of the branch church, constitutes the member of the branch church that he/she works, and as such, he/she cannot be deemed to be the member of the branch church solely on the ground that he/she can become the president of the branch church.

8) Unlike the general members, the retired pastors shall deal with matters concerning the disciplinary authority of the labor union without being tried by the labor union and shall be tried by the labor union trial division (Article 68(1) and (7) and Article 7(5) of the Constitution of the general meeting, and Article 7(2) of Part III of the Constitution of the general meeting). However, in light of the fact that the retired pastors are subject to the authority of the labor union trial division after being tried by the labor union trial division as well as the retired pastors, and that even with the position of the member of the labor union or the general meeting members, it is difficult to deem that the retired pastors cannot be the members of the branch church (Article 7(2) of Part III of the Constitution of the general meeting) solely on such circumstances cannot be deemed to be the members of the labor union trial division (However, in light of such circumstances, even if the retired pastors cannot be deemed to be another member of the general teachers and the branch church, it does not be dissolved to the branch church.

9) The Defendant, which is a branch church affiliated with the Daegu Western Labor Association, was established for the purpose of worship and Jeondo (Article 9(1) of the Constitution of the Republic of Korea, Article 3 of the Defendant’s Covenant), even in the case where only one incumbent pastor or one retired pastor exists, the Defendant may achieve a certain part of the objectives of the establishment of the church, and may also increase the number of the teachers due to the future activities, etc. Accordingly, even to the incumbent pastor or retired pastor, as in this case, recognizing the status of the teaching staff who is a member of the Defendant, as in this case, he cannot be deemed to contravene the purpose of the establishment of the Defendant even if it is interpreted that the Defendant did not dissolve even in the case where he did not have a general member of the Defendant and did not leave

(10) In the case of small-scale development churches such as the defendant, there are many cases where the pastors or the members closely related thereto donate a considerable amount of money to establish a branch church and hold the property of the branch church (in the case of the defendant, the defendant asserts that the building of the church of this case was newly built with the non-party 1's own loan). In such a case, the pastors are not members of the church, and they do not have the right to use and profit from the property of the branch church, and if one of the general members remains in the church, it is unreasonable to regard that the branch church is dissolved if the branch church is not dissolved, but only one of the pastors remains in the church.

D) Sub-decisions theory (whether the defendant was dissolved due to the retirement of the non-party 1)

Even after the retirement of Nonparty 1, the Defendant managed each of the instant real estate, including the payment of public charges on each of the instant real estate owned by the Defendant, and even until now, the fact that Nonparty 1 was marked as the Defendant’s representative on the instant land registry, can be recognized by comprehensively taking account of the overall purport of the pleadings, without any dispute between the parties concerned or on the evidence Nos. 13, 22, and 23. In other words, even if Nonparty 1 was unable to perform the duties of the Defendant church as a pastor after he was retired from the post of wood, it was possible to perform the activities for the establishment of the Defendant, such as worship and missionary work, as the Defendant’s teacher, and there was no evidence to deem that Nonparty 1 retired from the post of wood death and lost the Defendant’s qualification as the Defendant’s teacher, and there is no reason to deem that Nonparty 1 was disqualified from the Defendant’s retirement age of 10,000,000 members of the instant building, including the Defendant’s dissolution and management of the church.

B. Determination as to the legitimacy of the dispatch by Nonparty 5

1) Relevant provisions such as the General Assembly Constitution

본문내 포함된 표 ■ 총회 헌법 제9조 지교회 2. 당회가 있는 교회를 조직교회라 하고 당회가 없는 교회를 미조직교회라 한다. 제10조 지교회의 설립 공동예배로 모이는 전도처 또는 기도처에 세례교인(입교인) 15인 이상이 있어 지교회를 설립고자 하면 노회에 청원하여 허락을 받아 설립한다. 제12조 지교회의 폐지 1. 지교회의 폐지는 당해 시찰위원회를 경유하여 노회의 허락을 받아야 한다. 2. 지교회가 설립된 후 세례교인(입교인)의 수가 15인 미만의 상태로 2년간 계속되는 경우에는 노회는 이를 기도처로 변경한다. 제63조 치리회의 권한 4. 치리회는 분쟁사건을 조정하기 위하여 당회 및 노회임원회가 구성하는 수습위원회와 노회 및 총회(폐회 중에는 임원회)가 구성하는 수습전권위원회를 둘 수 있다. 이에 대하여는 헌법시행규정으로 정한다. 5. 수습전권위원회의 요청에 의하여 노회(폐회 중에는 임원회)가 파송한 대리당회장은 수습에 관한 일만 수행하고 인사 및 직원임명을 할 수 없다. 제64조 당회의 조직 1. 당회는 지교회에서 시무하는 목사, 부목사, 장로 2인 이상으로 조직하되, 당회 조직은 세례교인(입교인) 30인 이상이 있어야 한다. 제65조 당회의 폐지 당회 조직 후 시무장로가 1인도 없으면 1년 후 첫 노회부터 폐당회가 되고, 장로 2인 미달 또는 세례교인(입교인) 수가 30인 미달로 3년 경과한 후 첫 노회부터 당회가 폐지된다. 제67조 당회장 당회장은 다음과 같이 노회가 임명한다. 1. 당회장은 그 교회 시무목사(위임목사, 담임목사)가 된다. 2. 임시당회장은 당회장이 결원되었을 때 당회원 과반수의 결의(합의 혹은 연명)로 요청한 해 노회 목사를 노회가 파송한다. 3. 대리당회장은 당회장이 유고할 때 또는 기타 사정이 있을 때 당회장이 위임한 자 또는 당회원이 합의하여 정한 자로 당회장직을 대리케 할 수 있다. 대리당회장은 결의권이 없다. 4. 미조직교회의 당회권은 당회장이 행사한다. ■ 총회 헌법시행규정 제16조의7 당회장 결원 시 임시당회장 및 위임(담임)목사 청빙 1. 헌법 정치 제67조 제2항의 당회장 결원 시 노회 또는 노회 폐회 중 임원회에서 그 교회 당회원 과반수의 결의(합의 혹은 연명) 또는 당회가 없을 시 제직회의 과반수의 결의(합의 혹은 연명)와 요청이 있어야 임시당회장을 파송할 수 있다. 2. 전항의 결의(합의 혹은 연명)로 대리당회장을 청빙하여 당회(제직회)를 할 때는 노회에 요청하지 않아도 되나 3개월이 경과하여도 임시당회장을 요청하지 않거나 대리당회장을 청빙하지 않을 때는 노회(폐회 중에는 임원회)에서 임시당회장이나 대리당회장을 직접 파송하여 업무를 처리할 수 있다. 제33조 교회 및 노회 수습 1. 분규가 발생한 교회를 수습하기 위하여 노회는 수습전권위원을 파송하여 수습하게 할 수 있다. 노회 폐회 중에는 임원회가 수습전권위원회를 구성할 수 없다. 3. 교회수습전권위원회는 필요한 경우 3개월 이내의 기간만 당회장권, 당회원권, 당회의 기능을 정지시킬 수 있고, 당회장권이나 당회의 기능을 정지시켰을 때 당회장권이나 당회에서 요청한 대리당회장권은 동시에 정지(소멸)되고 노회 임원회는 수습전권위원회의 요청으로 대리당회장을 파송할 수 있으며 대리당회장의 권한은 제30조 제2항에 준하여 행사할 수 있다. 단, 권한과 기능의 정지처분은 1차에 한하여 3개월 범위 내에서 연장할 수 있다. 6. 수습전권위원 중에서는 대리당회장을 맡을 수 없다. 8. 교회나 노회의 수습은 관계자들을 주 안에서 신앙적으로 권유하여 화해에 의한 수습을 위해 우선적으로 노력하되 필요하다면 각종 회의록을 열람할 수 있고, 그 사본을 청구할 수 있다. 수습전권위원회가 업무를 수행하는 중 알게 된 범죄에 대하여는 그 교회나 노회에 추가 고발할 수 있으나 직접 기소는 하지 못한다. 13. 수습전권위원회는 당회장권을 정지시켰을 때에라도 최종 판결 확정 시까지는 무죄 추정이므로 임시당회장을 파송할 수 없으며 제33조 제3항에 의거 수습전권위원회의 요청이 있을 때 그 치리회(폐회 중에는 임원회)의 결의로 대리당회장을 파송할 수 있으며, 이때 대리당회장은 제30조 제2항에 준하여 권한을 행사해야 한다.

2) Determination

A) According to the relevant provisions of the above general assembly constitution, etc., when there is a vacancy in the chairperson of the non-organization church, which is a church which does not have a church, the association may directly dispatch and dispatch the chairperson of the non-organization church or the representative director of the non-organization church to the union (the board of directors during the closure of the council) with a resolution and a request from a majority of the non-organization church members, and the union members (the board of directors during the closure of the council) may directly dispatch and dispatch the representative director or the representative director of the union members to the union (the board of directors during the closure of the council) with the lapse of three

As seen earlier, since Nonparty 1, who was a former pastor of the Defendant, retired on October 6, 2015, the Defendant’s general pastor was no longer from 2011, and Nonparty 1, who was the Defendant’s former pastor, was abolished at that time pursuant to Article 65 of the General Assembly Constitution, and the Defendant’s president was in a state of vacancy. The Defendant does not seem to have ice the president of the relevant political party or requested the dispatch of the temporary president of the relevant political party through a resolution of the plenary session after the vacancy of the president. As such, the Daegu Seo-gu Labor Association’s executive members decided to organize the committee for the right to manage the Defendant on April 11, 201 and send Nonparty 5 to the temporary president. On May 10, 2017, again decided to temporarily dispatch Nonparty 5 to the Defendant’s temporary president pursuant to Article 16-7(2) of the General Assembly Enforcement Rule, and the Defendant’s temporary dispatch to Nonparty 5 is legitimate.

B) (1) As to this, the Defendant asserts, “The sending Nonparty 5, as the above, to the temporary president, Nonparty 5, who is the management member of the entire right, is unlawful in violation of Article 3(3) and (6) of the General Assembly’s implementation rules.”

As seen above, the right to manage a church may suspend the functions of the chairman of the party council, the right to organize the party council, the right to organize the party council, and the right to organize the party council and the right to organize the party council requested by the chairman of the party council or the party council at the same time (e.g., extinction). In this case, the executive members of the party council may send the representative director at the request of the training committee (Article 33(3) and (6) of the Regulations on the Implementation of the General Assembly). However, the provisional chairman of the party council at the above time is not in compliance with the request of the training committee for the defendant stipulated in Article 3(3) of the Regulations on the Implementation of the General Assembly, but in accordance with Article 16-7(2) of the Regulations on the Implementation of the General Assembly due to the defendant's vacancy, and thus, the defendant's assertion that Nonparty 5 violated the above Article 36(3) of the Regulations on the Execution of the party council cannot be seen as the defendant's violation of Article 36(2) of the above.

(2) The defendant asserts that "the defendant church was changed to a flag of December 2010, and thus, it shall not send the provisional chairperson as above." As seen earlier, Article 12 (2) of the Constitution of the General Assembly stipulates that the union shall change the number of the three-years if the three-years of the three-years of the three-years of the three-years of the three-years of the three-years of the three-years of the members after the branch church was established. In this case, there is no evidence to acknowledge the fact that the Daegu Western Labor Association changed the defendant to the seat of the defendant, and therefore, the defendant's assertion on the premise that the defendant changed to a flag is without merit.

C. Determination as to the existence of defendant teaching staff

1) Relevant provisions of the Assembly Constitution

Article 13 of the Constitution of the Republic of Korea provides that the definitions of the members of the general assembly shall be determined by the following: (a) the members of the religious organization including the head of the group are those who believe that they are one of the young, the sexual, the sexual, and the religious, who believe that they are the young; (b) the distinguished members of the 14th class shall be classified into the young, the young, and the three religious, who are the young; (c) the young: (d) the young: (e) the young and the young, who are able to believe the services and participate in the common worship; (e) the young, who are the children (under the age of 2): (c) the young, who are enrolled as the young, or the young, (e) the young, or the young, who are the children of the 15th class group (at least 15 years of age) or who are the children of the 15th class group (at least 15 years of age). If the parties to the church who are subject to this case need not issue a written petition within 17th class of the church.

2) Determination

According to the statement Eul evidence No. 2, the defendant's rules do not determine the defendant's qualification as a member of the church or restrict the defendant's admission to the defendant church. According to the relevant provisions of the above general assembly's constitution, the defendant's rules stipulate that the children of the persons who trust and participate in the common worship (under the age of two) or the children of the persons who attend the wedding (under the age of 15), who are enrolled in the club as an infant tax guard (at least 15 years old), or who are enrolled in the club (at least 15 years old), are defined as the students, and they are not particularly qualified as the teachers, and the procedures for the religious officer (at least 15 years old) are prescribed for the religious officer to move to the church. However, according to the statement No. 5, according to the defendant evidence No. 5, the fact that the number of the teachers on May 14, 2017 is registered with the defendant's school register and thereafter on January 21, 2018.

In addition, in full view of the aforementioned evidence and the purport of the whole pleadings, the following circumstances are revealed: ① from May 14, 2017, when the defendant was not dissolved, it appears that the number of members of the church, which is an association that is not a juristic person, expressed their intention to become a member of the defendant, and is engaged in normal religious activities, such as joint worship in the building of this case; ② Nonparty 1, who is the sole member of the defendant, appears to have permitted or allowed the joining of the defendant as a member of the defendant; ③ The circumstances that the newly joined members did not show that they did not fulfill their duties as a member of the church. Considering these circumstances in light of the above regulations and the constitutional provisions of the general assembly, it is difficult to view that the procedure for transferring a church is a religious procedure, and since the church has the nature of increase, decrease, or change of the members of the church as an association that is not a juristic person, a new member of the plaintiff church as a member of the previous church, or that all the members of the previous church were not members of the defendant.

D. Determination on the validity of the gift contract of this case

1) Relevant legal principles

In general, since a church is an unincorporated association, it is reasonable to see that the form of ownership of its properties is collectively owned. Therefore, the management and disposition of the church properties shall be based on the articles of association or other regulations of the church, but if there is no such regulations, it shall be based on a resolution of the majority of the members of the general meeting (see Supreme Court Decision 9Du5566, Jun. 15, 2001).

2) Determination

According to the written evidence Nos. 1 and 2 of the defendant's rules, Article 8 of the defendant's rules provides that the matters concerning the properties and finances of the church shall, in principle, be determined by the general meeting of the members, but may be delegated to the council at the same time as a resolution of the general meeting. However, there is no evidence to acknowledge that the non-party 5, as the temporary president of the defendant, concluded the instant donation contract after going through the procedures prescribed by the above rules with the plaintiff. Accordingly, the above donation contract with the content of disposing of each of

E. Sub-committee

As above, since the donation contract of this case is null and void, the plaintiff's claim of this case seeking the implementation of the procedure for ownership transfer registration pursuant to the above donation contract is without merit.

[Plaintiff’s assertion that “The valid representative of the Defendant is Nonparty 5, and Nonparty 10 is not qualified as the Defendant’s special representative.”

The representative of a church shall not have the right to represent the church with respect to matters the interests of the representatives of churches and churches conflict with each other. In such cases, the representative of a church cannot exercise his/her right to represent or represent the church due to any legal disability, so interested persons, etc. may request the court of the lawsuit to appoint a special representative and file an application with the court of the lawsuit with the explanation that the delayed litigation procedures pursuant to Articles 64(5) and 62(1)2 of the Civil Procedure Act may cause

Meanwhile, not only cases where a church or its representative becomes a party to a direct trade, but also cases where the personal interests of the representative of the church conflict with those of the church and where it is not possible to expect the representative of the church to perform his/her duties as a good manager (see Supreme Court Decision 2010Da91831, Nov. 28, 2013, etc.).

In this case, the plaintiff is a foundation established for the purpose of owning and managing the property of the branch church under the Daegu Western Labor Association and its affiliated branch church. The non-party 5 is a pastor dispatched to the defendant's provisional president by the executive council of the Daegu Seo-gu Labor Association. The non-party 5 did not go through a resolution of the joint council of the defendant, although the number of members registered as the defendant's members and engage in religious activities, the non-party 1 did not go through the non-party 1's withdrawal, and entered into an agreement with the defendant on September 22, 2017 to incorporate and preserve the real estate of this case to the plaintiff on September 29, 2017, and the plaintiff's right to file a lawsuit of this case against the defendant on the ground of the donation contract of this case, and the plaintiff's right to file a suit of this case against the non-party 1 as a good administrator of the defendant's office of the non-party 1, which is the defendant's non-party 5's interest in the lawsuit of this case.

4. Conclusion

Thus, the plaintiff's claim of this case shall be dismissed as it is without merit. Since the judgment of the court of first instance is just, the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

[Attachment] List: omitted

Judges Park fixed-chul (Presiding Judge)

1) Article 77 (Reasons for Dissolution) (2) of the Civil Act provides that an incorporated association shall be dissolved upon the absence of a partner or by a resolution of a general meeting.

2) Article 9 of the General Assembly Constitution 1. A branch church is an activity of a group church in order for its children to show a thickness, to live in a fluent life, and to expand its lease countries at a certain place as they want. It is a branch church.

3) Article 3 of the Defendant’s Code (Evidence 2) provides that the present church shall implement missionary work programs of the guard.

4) With respect to matters in which the interests of a corporation and directors are in conflict with each other under Article 64 (Appointment of Special Representative) of the Civil Code, no director shall have the power of representation. In this case, a special representative shall be appointed in accordance with the preceding Article.

5) Article 62 (Special Representative for Person with Limited Capacity) (1) of the Civil Procedure Act (1) In cases where a minor, person with limited capacity or person under adult guardianship or person under adult guardianship is a party, his/her relative, interested person (including a person intending to conduct litigation against a minor, person under limited guardianship or person under adult guardianship), an adult guardian without authority to represent, a limited guardian, the head of a local government or a public prosecutor may apply to the court of lawsuit for the appointment of a special representative and order him/her to be made by the court of lawsuit on the ground that the litigation is delayed in any of the following cases: