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(영문) 의정부지방법원 2018.08.31 2017나208899
철조망 철거 등
Text

1. The plaintiff's appeal and the defendant's appeal are all dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. Basic facts

A. The Defendant is the owner of C religious land 967 square meters (hereinafter “instant land”) in Pakistan-si.

Plaintiff

A church uses the instant church building as a right holder of 3/5 of the ground church building of the instant land (hereinafter referred to as the “instant church building”), and has legal superficies on the instant land under the customary law for the said church building.

B. around June 20, 2016, the Defendant, at the time of the instant land, was unable to enter the church through the brick stairs connected to the church building by installing a wire network at the line connecting 5 and 22 of the annexed drawings among the instant land.

C. The Defendant posted a photograph, etc. of the representative of the Plaintiff church on the instant church building.

During the trial of the first instance, the defendant removed the part connected to the above stairs leading to the church building among the above steel nets as far as the width of the brick stairs is almost the same.

The notice in subsection was removed.

[Ground of Recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 5-1, 2-2, Gap evidence 7-2, 4, 5, Eul evidence 7-1 through 4, and the purport of the whole pleadings

2. Determination on this safety defense

A. The property of the plaintiff church shall fall under the collective ownership of the members of the plaintiff church, which shall undergo a resolution of the general members' meeting pursuant to Article 276 (1) of the Civil Act.

The instant lawsuit is unlawful as it is filed without going through the resolution of the general meeting of the Plaintiff church.

B. The provisions of Article 265 of the Civil Act concerning the preservation of property jointly owned cannot be applied to the preservation of property jointly owned. Since the resolution of a general meeting of members pursuant to Article 276(1) of the Civil Act or the articles of incorporation shall be followed pursuant to the articles of incorporation. Thus, even if a church which is not a juristic person files a lawsuit as an act of preserving property jointly owned, a resolution of the general meeting of members or its articles of incorporation shall be

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