[1] Requirements for establishing and continuing a church or a religious order as an association which is not a juristic person

[2] Whether it is permitted that two or more existing different religious orders, an association which is not a juristic person, should be dissolved and their members shall belong to the consolidated church in which the properties of the existing religious order are newly established in the course of dissolution, and the procedure and requirements for resolution thereof (= consent of at least 3/4 of all the members of each existing different religious order)

[1] Even if a church does not acquire a legal personality, in case where multiple persons who believe the doctrine of the arches form an aggregate for the purpose of common religious activities, establish rules and other norms, organize a decision-making institution and make a service, and are recognized to meet the general requirements of an association which is not a legal entity as an independent organization, such as the management of church properties, and the performance of social and economic functions as an independent organization such as managing the church properties, the church shall be established and continued as an association which is not a legal entity. Meanwhile, in the case where a religious order is recognized to meet the general requirements of an association which is not a legal entity, as the members form an aggregate, establish a decision-making institution, and establish a branch church as a religious organization, establish a constitution, and manage the properties belonging to a religious order, and thereby the religious order shall be established and continued as an association which is not a legal entity.

[2] Since the Civil Code does not recognize the consolidation or merger of an association owned by two or more associations which are incorporated or merged into one corporation and owned by the association which was combined or merged with the properties belonging to the previous associations, the legal reasoning applies by analogy to the association which is not a corporation. In other words, as a result of the following, the merger or merger of an association which is not a corporation, which results in "the result that the properties of an association which is not a corporation prior to the consolidation or merger are collectively owned by the members of an association which is not a corporation, through collective resolution by the members of the association which is not a corporation," which results in the consolidation or merger with one association which is not a corporation, and that the properties of an association which are not a corporation before the consolidation or merger are collectively owned by the members of the association which is not a corporation, shall not be acknowledged in principle. However, the method of pursuing the above result cannot be said to be prohibited unless it is contrary to the essence of an association which is not a corporation, and the above result is a procedure for establishing a new order by the members of each existing different religious order, and its purpose should not be determined to belong to the above provisions or the articles.

[1] Article 31 of the Civil Act / [2] Articles 31 and 78 of the Civil Act

[1] [2] Supreme Court en banc Decision 2004Da37775 Decided April 20, 2006 (Gong2006Sang, 851)

N. N. N. National Assembly (Law Firm Lee-il et al., Counsel for the plaintiff-appellant)

Nr. J. D.C., a foundation, but N. N. P.

Seoul Central District Court Decision 2008Gahap75893 Decided April 30, 2009

February 24, 2010

1. The plaintiff's appeal is dismissed.

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

The judgment of the court of first instance is revoked. In the first instance, the defendant, primarily, implements the procedure for the registration of ownership transfer due to the cancellation of title trust on each real estate listed in the separate sheet as of the date of delivery of the copy of the complaint of this case, and delivers the above real estate to the plaintiff. Preliminaryly, the defendant implements the procedure for filing an application to amend the articles of incorporation as an incorporated foundation in accordance with the disposal of the basic property on each real estate listed in the separate sheet to the head of Jongno-gu Office, and takes the procedure for registration of ownership transfer

1. Basic facts

The following facts are not disputed between the parties, or may be acknowledged by comprehensively taking into account the whole purport of pleadings as set forth in the items of Gap evidence 1, 4 through 6, 14 through 17, 23, 49, 53, 54, Eul evidence 10 through 12, 14, 15, 17 through 21, 24, 25, 27, 28, 22 through 35, 32 through 35, 40, 41 (including each number above), Gap evidence 24-2:

A. A. Around April 1953, the Nitsian Association (hereinafter “Nitsian Association”) was established, and the Defendant was established on November 3, 1957 for the maintenance and management of the Nitsian properties before the division.

B. Before the division, the period of the division was divided into the part of the Dogdo and the Seodaemun, which was then divided into the part of the Dogdo and the Seodaemun at the end of January 26, 1992, and was divided into three different different religious orders for each period, and was divided into three different religious orders of the Dogdogsung (hereinafter referred to as the Dogwon) (hereinafter referred to as the Dogwon) (hereinafter referred to as the Dogsung), the Dogggwon (No. 1) (No. 1) (No. 1, 1992), and the Dogg National Assembly (hereinafter referred to as the Dogsung) (No. 1, 1981).

C. From around December 2006, the lower court started discussions for integration. From around December 2006, the lower court agreed to select 7 persons from each different religious order to organize an integrated promotion committee for integration. Accordingly, around December 28, 2006, the lower court selected Nonparty 1 and Nonparty 2 (replacement to Nonparty 3), Nonparty 4 and Nonparty 5, Nonparty 6 and Nonparty 7 (replacement to Nonparty 8), Nonparty 1 and Nonparty 7, including Nonparty 9, Nonparty 2, Nonparty 10, Nonparty 1 and Nonparty 2, Nonparty 1 and Nonparty 7, Nonparty 1 and Nonparty 7, Nonparty 1 and Nonparty 7, Nonparty 1 and Nonparty 2, Nonparty 7, Nonparty 1 and Nonparty 7, Nonparty 1 and Nonparty 7, Nonparty 1 and Nonparty 1 and Nonparty 7, Nonparty 1 and Nonparty 1 and Nonparty 7, Nonparty 7, Nonparty 7, Nonparty 7, and Nonparty 1 and Nonparty 1 and Nonparty 7, Nonparty 7 and Nonparty 1 and Nonparty 7.

D. Around May 21, 2007, a resolution was passed to delegate the right to revise the Constitution and the right to appoint executives of a religious order to be integrated (in the case of a sanctity), or the right to appoint executives (in the case of a arctity, arctity) for integration (in the case of a arctity, arctity) to the Integrated Promotion Committee composed of the aforementioned sub-paragraph (c) through a resolution of each general meeting.

E. Since then, around June 15, 2007, the Integrated Promotion Committee moved to the representative of Nonparty 24 of the Integrated Promotion Committee, who belongs to the Sungsung as the representative of the Integrated Promotion Committee, and around July 12, 2007, added four persons, including Nonparty 24, Nonparty 25, Nonparty 26, and Nonparty 27, to the members of the previous Integrated Promotion Committee, and the said Integrated Promotion Committee (the president Nonparty 24, the president of the said Special Committee) constituted the Constitutional Amendment Committee by selecting eight constitutional members to form the Constitutional Amendment Committee and establish the draft of the Constitution of the religious order to be integrated.

F. On October 15, 2007, in the presence of a large number of the members of each religious order, a competition that declares the integration of the said three religious order (hereinafter “instant consolidated declaration”) was opened at the Korean Film Council on March 15, 2007 (hereinafter “instant collective declaration”).

G. After the Consolidated Declaration, the Special Committee made a special law for integration (the main contents of which are to be applied for a limited period of three years in preference to all other Acts, and which the president of the General Assembly with three-year term of office has the right to appoint and dismiss directors other than ex officio directors). There were mutual differences in relation to the recognition of a special law on the grounds that the said special law grants excessive authority to the president of the General Assembly during the period of Hasung(Korean), Hasung(Korean) and Hasung(Korean).

H. On May 19, 2008, the said Special Committee held a general meeting by each different order on May 20, 2008, and thereafter, tried to hold a general meeting of the integrated school group at the Embrympic meeting of the Empicium in the order of May 20, 2008, which is the next day, while all the visitors belonging to the Empicium were present at the meeting of the Empicium. The Empicium and Empicium (No. 57) were rejected for each of the above special Acts at the 57 regular meeting held on May 19, 2008 and decided not to attend the general meeting of the said consolidated school, and eventually, the general meeting of the consolidated school group held at the Empician Dmpic meeting on May 20, 2008, which was planned by the Special Committee for the Integration of the Empicium, Empicium and Empics belonging to the Empicium.

I. Furthermore, on June 25, 2008, under the premise that integration was made from around June 25, 2008 to the point of view, the aforementioned two different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different methods from October 13, 2008 to April 14, 2008.

(j) Meanwhile, the provisions concerning the political and constitutional amendment of the Constitution of each divided religious order are as follows.

(1) Hyperity (integrated)

- The Council shall be divided into a party council, a local council, an action committee, and a general meeting (Article 65); the Council members shall take charge of administration and authority in order to maintain the peace and order of the result of the church; the local council members shall take charge of the affairs of the administration and authority; the local council members shall take charge of the affairs of the local council members; the local council members shall take charge of the affairs of the sub-council (Article 66); the general meeting shall take charge of the affairs of all churches and agencies under this clan (Article 78); the general meeting shall take charge of the affairs of the general meeting; the general meeting shall be more than a majority of the total members present; the general meeting shall be more than a majority of the total members present; all resolutions shall be more than a majority of the total members present; the general meeting of the office members shall be those elected by each local council (Article 82).

· An amendment and amendment of the Constitution shall be referred to each local council for resolution by a majority, and shall be adopted at each local council for resolution by a majority, and if the number of local councils approved is at least 1/3 of the total local recovery, it shall be submitted to the Assembly for resolution by the affirmative votes of at least 2/3 of the representatives of sub-councils, and the president of the Assembly shall immediately promulgate and implement it (Article 106).

(2) Flachip (water)

The Council shall be divided into a party council, a local council, and a general meeting (Article 65); the Council shall be in charge of administration and authority in order to maintain the peace and order of the result of the church; the local council shall be in charge of the administration and authority; the local council shall be in charge of the local council, the general meeting shall be in charge of the local council meetings which shall be in accordance with the Constitution (Article 66); the general meeting shall be the highest agency which shall exercise overall control over the meetings of all churches and agencies under its jurisdiction (Article 78); the general meeting shall be more than a majority of the total members; the general meeting shall be more than a majority of the total members present; the general meeting shall be more than a majority of the total members present; the general meeting shall be the pastor and the head elected by each local council (Article 82).

· An amendment and amendment of the Constitution shall be referred to each local council for resolution by a majority, and shall be made at each local council for resolution by a majority, and if the number of local councils approved is at least 1/3 of the total local recovery, the amendment and amendment shall be made before the Assembly and passed by the affirmative votes of at least 2/3 of the representatives of sub-councils, and the president of the Assembly shall immediately promulgate and implement it (Article 104

(3) Towing

· A meeting of the Council (Article 37), a local meeting (Article 38), and a general meeting (Articles 11 and 41) shall be established, and the steering committee and an executive meeting shall be established, and the general meeting shall be the chief who is dispatched by all the trading parties and affiliated churches (Article 41), and the general meeting shall be held with attendance of the majority of the members of the Assembly, and a resolution shall be made with the consent of the majority (Article 41).

· A resolution on the amendment of the Constitution to be presented to the General Assembly Steering Committee by the Executive Council of the General Assembly (Article 40), and a resolution on the amendment of the Constitution and amendment proposed by the Executive Council of the Steering Committee (Article 39).

2. The plaintiff and the defendant's assertion

A. Summary of the plaintiff's assertion

(1) The plaintiff is a single religious order incorporated into a single religious order following the declaration of integration on October 15, 2007.

(2) Even if such a defect in the process of the above consolidation is found to be null and void, a legitimate resolution on the consolidation was made through the General Assembly on May 20, 2008 or a resolution on ratification was made, and even if not, a resolution on the special meeting of October 6, 2008, which was pending in the lawsuit of the first instance court, was ratified.

(3) The Defendant, as an organization based on the nature (integrated) to maintain and manage the property of a riverbed (integrated), held a title trust with the Defendant on each real estate listed in the separate sheet (hereinafter “instant real estate”). The Defendant’s director Nonparty 5 et al. tried to dispose of the instant real estate at will. As such, the Plaintiff, who comprehensively succeeded to the rights and obligations of a riverbed (integrated) by integrating the riverbed (integrated) and comprehensively succeeded to the Defendant as a copy of the instant complaint, shall terminate the said title trust agreement as a delivery of a copy of the instant complaint to the Defendant.

(4) Therefore, the Plaintiff seeks the Defendant to implement the procedure for ownership transfer registration based on the termination of title trust with respect to the instant real estate and deliver the instant real estate.

(5) In disposing of the instant real estate (including the return following the termination of the title trust agreement), which is the Defendant’s basic property, the competent authority may determine that permission to amend the articles of incorporation of the competent authority is necessary. Thus, the competent authority may seek preliminary application for permission to amend the articles of incorporation, and make the aforementioned request on the condition that permission

B. Summary of the defendant's assertion

As asserted by the Plaintiff, since a religious order integration has not been achieved, the lawsuit of this case is unlawful, and even if the lawsuit of this case is lawful, the real estate of this case is not a trust property from the original property of the Defendant, and thus, the plaintiff's claim of this case of this case is without merit.

3. Determination on this safety defense

(a) Requirements for the integration of different religious orders and whether they are met;

(1) Legal nature of the religious order and the members of each existing religious order of this case

Where an open church with the substance of an association which is not a juristic person (hereinafter referred to as the "school church") is incorporated as a branch church that belongs to a specific religious order and forms a decision-making body in accordance with the constitution of a religious order and receives the representatives of a branch church that is dispatched by the religious order, in principle, there exists no difference according to the organization of the religious order, but the branch church is an association which is not an independent organization from the religious order and the religious order is an independent organization in a religious internal relationship. However, even if the branch church does not establish its own rules or meets its rules, it may accept the Constitution prescribed by the religious order as an autonomous norm corresponding to its rules, but it is bound by the constitution of a religious order to the extent that it does not infringe on the independence of the branch church or the essence of the religious freedom. Even if a church does not acquire its legal personality, it is a religious organization that forms an aggregate for the purpose of joint religious activities, establishes regulations or other rules, establishes its decision-making body and manages its properties as an independent organization, and if it is deemed that it satisfies social and economic requirements, it shall not be established.

On the other hand, in a case where the religious order also consists of a general meeting, a local council, and a branch church, forms an aggregate of the members, forms an executive body such as a decision-making institution and a representative, forms a religious organization, and is deemed to meet the general requirements of an association which is not a juristic person as an independent organization, such religious order shall be established and continued as an association which is not a juristic person, according to the social and economic functions of an independent organization, such as the management of the property belonging to the religious order, and according to the evidence mentioned above, the order shall be established and continued as an association which is not a juristic person, and the order shall be deemed to be established and continued as an association which is not a juristic person (hereinafter referred to as "existing religious order") since it satisfies the general requirements of an association which

In addition, according to the evidence mentioned above, it can be seen that during the period of Hadsung(integrated) and Hadsung(comment) are stipulated in Article 4 of the Constitution that "the present meeting shall be organized between the churches and churches with the anti-net faith in the Republic of Korea, and a branch meeting shall be established in the Republic of Korea." Thus, the period of Hadsung(integrated) and Hadsung(comment) are non-corporate groups composed of each affiliated church and its affiliated church(s).

(2) LOBE. - The nature of the division of different religious orders - the division of a church

As the Civil Act only provides for the legal relations of an unincorporated association in Articles 275 through 277 that stipulate the form and management of property. As such, with respect to other legal relations such as the substance and formation of an association, acquisition and loss of qualification as a member, method of representation, operation of a general meeting, and reason for dissolution, the remaining provisions of the Civil Act, excluding the provisions premised on the legal personality, shall be applied by analogy in principle. However, with respect to the legal relations of an unincorporated association, the Civil Act recognizes the withdrawal or dissolution of the members of an incorporated association, but it does not recognize the division of an association that owns property belonging to the previous incorporated association while the members of an incorporated association are divided into two separate corporations, while they continue to exist as independent corporations. Accordingly, the legal principle also applies to an unincorporated association. As such, the division of an association which is not a legal entity, with the collective withdrawal of the members of an association that is not a legal entity, results in the collective ownership of the members of each divided association (Supreme Court en banc Decision 2004Da3775 Decided April 20, 2006).

The same logic is that our Civil Act does not recognize the consolidation or merger of an association owned by a non-corporate body, since two or more corporate associations are incorporated or merged into one corporate body, and the property belonging to the previous corporate body is owned by a merged corporate body, such legal reasoning is also applied by analogy to the non-corporate body. The following results are as follows: “The result of the integration or merger into one corporate body by the members of two or more corporate associations, which would result in the consolidation or merger into one corporate body, and that the property of an association which was not a corporate body before the consolidation or merger would be collectively owned by the members of an association which was not a corporate body.”

However, the above method of pursuing the above result cannot be prohibited unless it is contrary to the essence of an association which is not a juristic person, and in the case of each existing religious order which is an association which is not a juristic person, the above result can be obtained the same as in the case of "each existing religious order is dissolved, the members of each existing religious order form a new different religious order, and there is a resolution to belong to the consolidated religious order which is established in the course of dissolution of each different religious order, and it cannot be concluded that such procedure and resolution are contrary to the essence of an association which is not a juristic person, and it can not be permitted as it is impossible to conclude that they are contrary to the nature of an association which is not a juristic person. However, the above procedure and resolution are not only to change the regulations of the municipal ordinances and rules or the Constitution having the nature corresponding to the articles of association of an association, nor to change the purpose of the association, but they need to consent of not less than 3/4 of the members of each existing religious order by analogy Article 78 of the Civil Act concerning the resolution of dissolution of an association (the existing religious order does not have a procedure concerning dissolution).

However, according to the evidence mentioned above, each existing religious order's constitution does not present a meeting to which all its members (in the case of the unity (integrated) and the summerness (manship), and since the believers belong to each branch church, it can be seen that the branch church that has obtained the consent of 2/3 or more of the members with voting rights (in the case of the branch church, it is reasonable to hold at least 2/3 of the quorum since it is a matter of the change of the religious order or the withdrawal from the religious order) reaches at least 3/4 of the total branch church, or 3/4 or more of the total members of the community church (in the case of the branch church), and in principle, if the resolution of the contents is duly convened and held, it shall be deemed that there is the consent of at least 3/4 of the total members of the community.

(3) In the instant case:

Even according to all evidence submitted by the plaintiff, it cannot be recognized that the resolution was made within the existing religious order to achieve the purpose of the integration of the religious order, or that the previous null and void religious order was ratified by the resolution.

(b) Family judgment (where the method of resolution by the general assembly prescribed by the Constitution of each existing religious order is adopted);

(1) Procedures corresponding to the amendment of the Constitution

Even if it is possible to move into a different religious order through the resolution of the general meeting of the existing religious order, as argued by the plaintiff, the integration of the religious order entails the revision of the Constitution of each different religious order, so at least the requirements for the amendment of the Constitution of each different religious order shall

(2) The requirements for the amendment of the Constitution [in the case of a load (integrated) and a load (compact)]

In the case of a laun (integrated) and launity, the representatives of local meetings are composed of the representatives of the local trade and the representatives of the organized church in the area of the local council, while the representatives of the general assembly shall be those who belong to each different religious order and shall be referred to each local council for resolution by a majority of the local council 4) and, if the number of local councils approved is at least 1/3 of the total number of local councils, a resolution by two-thirds or more of the representatives of the local council shall be presented to the general meeting and passed through a resolution by the general meeting, and the general meeting shall be convened immediately. In other words, in the case of a laun (integrated) and launity, the local council shall be comprised of the representatives of the local councils and the members of the organized church, while considering the importance of the amendment of the Constitution, a resolution by the local council to present at the general meeting to a different religious order shall be deemed to be null and void even if they belong to each local assembly and the head of the local council shall be deemed to be an important procedure for the amendment of the Constitution (5).

(3) In the instant case:

However, in this case, there is no evidence to prove that there was a procedure for the division of the local council with the agenda of the issue of the integration of the religious order, and there is no evidence to prove that there was a resolution for the approval of at least 2/3 of the representatives of the local council at the general assembly at each different religious order. In detail regarding the latter, in the case of the ladity (integrated) and the ladity (darity), the representatives of the local council shall be not only the pastor elected at the local council but also the head elected at the local council. The evidence submitted by the plaintiff alone is insufficient to recognize that at least 2/3 of the ladar and the head of the above religious order, who are the representatives at the general assembly at each of the above religious order, have passed a resolution for the incorporation of the religious order, as well as the head of the ladar and the head of the ladar who are the representatives at each of the above religious order, respectively, with the consent of the plaintiff).

Ultimately, among the existing different different different different religious orders, in the case of the unity of the two different religious orders, it cannot be recognized that there was a legitimate resolution for the consolidation of the religious order or a legitimate resolution for the ratification of the invalid resolution. Therefore, the religious order integration with the plaintiff is not made.

(4) Determination on specific Plaintiff’s assertion

(A) As to the assertion that the consolidation was completed only by the resolution of the Integrated Promotion Committee

The plaintiff argued that the integration of the existing religious order into the plaintiff at the time of the integration of the integrated promotion committee, which was delegated with all the rights to the integration by the general assembly of the existing religious order, was completed. However, the above integrated promotion committee was delegated with the authority to revise the integrated constitution and to appoint executives, which is not all the rights to the integration, and even if it was delegated with the authority to establish the integration of the two different religious order, it is reasonable to interpret that it was delegated with the authority to establish the foundation for the establishment of the integrated constitution and the appointment of officers to the different religious order to ensure the efficient progress of the integration procedure without the participation of other members of the committee, and therefore, it cannot be deemed that there was legitimate integration of the existing religious order at the integrated promotion committee (the plaintiff cannot be deemed to have been entrusted with the authority to establish the foundation for the integration of the two different different religious order through the procedures corresponding to the amendment of the Constitution, and the plaintiff's assertion that the above integrated resolution of the new religious order was not legitimate (the plaintiff's new resolution of the newly established resolution of the collective resolution of the above 6th general meeting).

(B) As to the assertion that the integration into a different religious order has been completed or ratified by the instant consolidated declaration and the resolution of the general assembly on May 20, 2008

On the other hand, it is difficult to view that the general assembly of the existing religious order has made a legitimate resolution on the consolidation of the religious order through the procedures corresponding to the procedures for the amendment of the Constitution (it is difficult to regard the integrated declaration as the general assembly of the existing religious order even in its form, and according to the evidence above, it is difficult to view the integrated declaration as the general assembly of the previous religious order, and it seems that the constitution of the joint religious order as asserted by the plaintiff was not resolved in the

Furthermore, the same holds that the resolution of the general assembly of the religious order on May 20, 208 may not be deemed a legitimate resolution or a resolution of ratification regarding the consolidation of the previous religious order that has gone through the procedures corresponding to the procedures for the amendment of the Constitution (as seen earlier, the Special Committee on Integration was held on May 19, 2008 and then tried to hold the general assembly of the integrated school group at the dodol Doldong Doldong Doliness Council on May 20, 2008, while all the members of the previous religious order were present at the general assembly on May 20, 2008, it is more so in view of the fact that the purpose of the resolution was not achieved due to the rejection of the special law at each general assembly on the Hadol Dol Doliness and Dhosung (

Therefore, we cannot accept the plaintiff's above argument.

(C) As to the assertion of ratification at the extraordinary general meeting on October 6, 2008

Even if the integration is null and void due to the defect in the above integration process, the plaintiff argued that at least 2/3 of the trade parties to the branch church belonging to each existing religious order (at least 79.24% of the trade parties to the whole branch church belonging to each existing religious order) have passed a resolution to agree with the consolidation of the plaintiff, and therefore the integration into the religious order has been ratified by the plaintiff. However, as seen earlier, considering that the representatives with voting rights at the general assembly of each existing religious order are included in the chapter other than the trade parties, even if the plaintiff's assertion is alleged in this part, it is difficult to view this part of the plaintiff's argument as being legitimate resolution of the general assembly that has gone through the procedure corresponding to the amendment of the Constitution of each existing religious order, and therefore, it cannot be deemed that the consolidation of the null and void religious order has been ratified. The plaintiff's assertion is without merit.

(D) As to the Plaintiff’s assertion that the capacity of the party is irrelevant to integration

Furthermore, the plaintiff asserts that the legitimate integration and the plaintiff's ability to agree with the other party is irrelevant. However, since the plaintiff voluntarily files a claim of this case on the premise that each existing religious order is incorporated into a different religious order, if the previous religious order is not integrated, there is no organization claiming the plaintiff. Therefore, the plaintiff's claim is without merit (as the plaintiff's claim is premised on integration even if the plaintiff's ability to agree with the other party is recognized, so the plaintiff's claim is without merit as long as the integration is not possible.)

(E) As to the assertion that de facto resolving the divided status

Finally, the plaintiff asserts that since the pre-division has not been legally divided with the consent of 2/3 or more of the entire members, the division into a flag (integrated), flag (water), and flag is practically limited to the division, and therefore, the integration into the plaintiff in this case is nothing more than the de facto re-verification of the resolution of the division status. However, since there is no evidence to support that the plaintiff is a non-corporate body that maintains the pre-division and identity, the plaintiff's assertion in this part on a different premise is without merit without further review.

C. Sub-committee

The plaintiff cannot be deemed to be an organization that actually exists as an incorporated religious order of each existing religious order, and therefore, the plaintiff's lawsuit in this case is unlawful as it is around and in both preliminary cases. The defendant's main defense of safety is with merit.

4. Conclusion

Therefore, all of the plaintiff's lawsuits of this case shall be dismissed, and since the judgment of the court of first instance is just in conclusion, the plaintiff's appeal disputing this conclusion shall be dismissed and it is so decided as per Disposition.

[Attachment] List of Real Estate: omitted

Judges Park Jong-nam (Presiding Judge)

Note 1) We refer to Supreme Court Decision 91Da29446 delivered on December 13, 1991, premised on the fact that the Korea Telecommunication Association has a party ability.

Note 2) In relation to the religious order of the Buddhist Buddhist Cho Jong-sung, see Supreme Court Order 91Ma581 delivered on January 23, 1992, which held that "Korea Buddhist Buddhist Cho Jong-sung has a legal character as a non-corporate group composed of its temples, Buddhist temples, and believers."

3) It is different from the case where a branch church needs to pass a resolution with the consent of two-thirds or more of the members with voting rights in accordance with the amendment of the articles of incorporation of an incorporated association (Supreme Court en banc Decision 2004Da37775 Decided April 20, 2006) on the ground that the branch church maintains its identity when it withdraws from or changes to a different religious order.

4) Since Article 72 subparag. 4 of the Constitution of the Republic of Korea provides that “All resolutions of local councils shall be decided with the consent of a majority of the members present (excluding the matters prescribed by the Constitution),” it appears that “a majority” at the time of the amendment of the Constitution refers to a majority of the representatives re-convening (the representatives are the representatives of the local councils and the representatives of the organized church).

5) In the case of Hadsung (integrated), a pastor shall be a pastor of 1/3 of the number of the local churches, and the head shall be one fifth of the number of the organized churches of the relevant local church; in the case of Hadsung (Cho), a pastor shall be a pastor of 2/3 of the number of the relevant local churches; and the head shall be two thirds of the number of the relevant local churches (Article 82 subparag. 1 and 2 of the Constitution of the Republic of Korea) to be elected by voting at each local assembly at each local assembly meeting (Article 82 subparag. 1 and 2 of the Constitution of the Republic of Korea).