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1. The plaintiff (appointed party)'s appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).
Reasons
1. The fact that the plaintiff (appointed party; hereinafter referred to as the "Plaintiff") and the appointed party are the members of the C church, and the defendant purchased each real estate listed in the separate sheet (hereinafter referred to as the "real estate of this case") from the above church and completed the registration of ownership transfer as stated in the purport of the claim does not conflict between the parties.
2. Whether the instant lawsuit is lawful, the Plaintiff asserted that the registration of ownership transfer in the name of the Defendant on the instant real estate was invalid and sought for the cancellation thereof. First, we examine whether the instant lawsuit is legitimate or not.
Since a branch church belonging to a specific religious order falls under an independent association, a lawsuit concerning collective ownership property of a church shall be filed in the name of the church itself, which is an unincorporated association, or all members of the church shall be the parties, and in the case of the latter, it shall be an indispensable co-litigation.
(See Supreme Court Decisions 95Da21303 delivered on September 5, 1995, 2004Da44971 delivered on September 15, 2005, and 2004Da37775 delivered on April 20, 2006, etc.). The Plaintiff and the designated parties asserted that the Plaintiff and the designated parties are all members of the C church. However, even based on the data submitted by the Plaintiff’s Intervenor, the Plaintiff’s assertion that WW, X, Y, Z, AAB, AB, and AC, other than the Plaintiff and the designated parties, are recognized as members of the said church. Thus, the Plaintiff’s lawsuit of this case was partially filed by only a part of the members of the church, and did not meet the qualification for parties.
3. Thus, the lawsuit of this case is dismissed as unlawful, and the judgment of the court of first instance is just as it is concluded, and the plaintiff's appeal is dismissed.