1. The Defendant’s KRW 82,720,00 for the Plaintiff and the following: 5% per annum from November 3, 2016 to March 22, 2018.

1. Basic facts

A. The Plaintiff served as a pastor at the Defendant church from 1996 to 2013.

B. On June 30, 2013, the head of the Defendant church D and E made an agreement with the Plaintiff stating that “a total of KRW 170 million, including loans of KRW 70,000,000 and retirement allowances, shall be paid to the Plaintiff. In the event that a successor pastor is selected, a preferential payment shall be made, and if a support payment is not made, a church shall be sold and paid.” (A evidence 1; hereinafter “instant agreement”).

[Ground for recognition] Unsatisfy

2. The assertion and judgment

A. The Plaintiff’s assertion B religious organization’s constitution provides that the church members shall have the right to work for the land and houses belonging to the church, and the rules of the Defendant church shall have the church members take charge of the articles of association, assets and finances belonging to the church.

Since the head of the defendant church D and E shall hold a church meeting in accordance with the above provisions and prepare the agreement of this case, the agreement of this case shall be effective against the defendant.

Therefore, the defendant is obligated to pay to the plaintiff 170 million won and damages for delay in accordance with the agreement of this case.

B. The bearing of an obligation of a church, which requires the disposal of the judgment church properties, shall be based on the provisions of the church rules, if any, and shall undergo a resolution of the general meeting of the members unless otherwise stipulated by the rules.

(See Articles 275, 276, and 278 of the Civil Act, and Supreme Court Decision 2012Da11299, 112305 Decided February 13, 2014, etc.). According to each of the evidence Nos. 8 and 10, the Constitution of a religious organization provides that a church association shall take charge of land and houses belonging to a church, and the rules of the defendant church set forth that the church association shall take charge of the affairs concerning the articles of association, assets, and finances belonging to the church, and the church association shall take charge of the affairs concerning the church's property. The above provisions are interpreted to the effect that the right to manage the church's property belongs to the church, but disposes of the church's property.