The case holding that the members who have passed a resolution to leave the existing religious order without going through legitimate procedures at the time of the division of a church shall be deemed to lose their status as members of the previous church and their rights to the properties of the previous church.

The case holding that the members who have passed a resolution to leave the existing religious order without going through legitimate procedures at the time of the division of a church, and the members who have joined another religious order shall lose their status as members of the previous church and their rights to the properties of the previous church.

Articles 31, 42, 275, 276, and 277 of the Civil Act

The Korea Egyptian Association ○○ Association (Assignment to the Seoul East-dong Association, Counsel for the defendant-appellant)

Defendant 1 and 12 others (Attorneys Cho Byung-hun et al., Counsel for the defendant-appellant)

July 10, 2008

1. The Defendants shall deliver to the Plaintiff each real estate listed in the separate sheet No. 1 and each motor vehicle listed in the separate sheet No. 2.

2. A. The Defendants are prohibited from entering each real estate listed in the separate sheet No. 1.

B. If the Defendants entered each of the above real estate in violation of the above A., the Defendants who entered the above real estate shall pay KRW 1,000,000 per entry to the Plaintiff.

3. The plaintiff's remaining claims against the defendants are dismissed.

4. The costs of lawsuit shall be borne by the Defendants.

5. Paragraph 1 can be provisionally executed.

The Defendants shall withdraw from each real estate listed in the separate sheet No. 1 and No. 2-A and the separate sheet No. 2-A. If the Defendants entered each of the above real estate in violation of Paragraph 1 and No. 2-A, the Defendants, who entered the above real estate, shall pay KRW 10,000,000 when entering the Plaintiff.

1. Basic facts

A. The Korea Egynam Association (hereinafter referred to as the “former ○○ Association”) was established as a branch church belonging to the Korea Egynam Association (hereinafter referred to as the “Seoul Eastnam Association”), in around 1959. Around 1968, Non-Party 1 was appointed as the head of the former ○○ Association (the head of the party) and was dismissed on December 21, 2003, and was dismissed as the senior pastor, and Defendant 1 was appointed as the representative of the previous ○○ Association (the head of the party) on the same day, and was appointed as the representative of the former ○○ Association.

B. Defendant 2, 3, 4, 5, 6, 7, 8, and 9 were the assistants of the previous ○○ church, and Defendant 10, 11, and 12 are the new officers and staff members of the ○○○ Association (which belongs to the Joint dong Association) (hereinafter “Defendant 1, 2, 3, 4, 5, 6, 7, 8, 8, 9, 10, 11, and 12 shall be referred to as “Defendant, etc.”, and the ○○ Association (which belongs to the Joint Don-dong Association) of the Korea Coast Guard (which refers to the “Defendant Joint Ro-dong Association”).

C. Each real estate listed in the separate sheet No. 1 (hereinafter “each of the instant real estate”) and each of the motor vehicles listed in the separate sheet No. 2 (hereinafter “each of the instant motor vehicles”) are owned by the previous ○○ church.

D. The previous ○○ church, from April 2004 to April 2004, caused the division between the members who commemorate Nonparty 1’s senior pastor (hereinafter “the Plaintiff’s members”) and the members who commemorate Defendant 1’s senior pastor (hereinafter “Defendant 1’s members”), leading to the interruption of worship and assembly, interference with mutual guards, collision and violence for several months.

E. On January 11, 2005, the Seoul East-gu Labor Relations Commission organized the ○○○ Committee on the Right to Probationary Action (hereinafter “the Right to Probation”) to resolve the above situation.

F. On March 5, 2005, the Seoul Dongnam-dong trial division rendered a provisional disposition of suspension of duties, which temporarily suspends Defendant 1’s right to the president of the party branch of the previous ○○○○ church (hereinafter “instant provisional disposition decision”). On the 8th day of the same month, the Seoul Dongnam-dong council sent Nonparty 2 as the temporary president of the previous ○○ church.

G. Defendant 1 filed an objection to the above provisional disposition on March 10, 2005, and the Defendant’s members posted a statement that they would withdraw from the Seoul Eastdong Labor Association on the 11st day of the same month. Accordingly, on March 12, 2005, on March 14, 2005, the management authority committee suspended Defendant 1’s president’s authority from March 14, 2005.

H. The Defendant’s members convened and held a general meeting on April 10, 2005 (hereinafter “general meeting of the faculty on April 10, 2005”). On April 10, 2005, the Defendant’s members passed a resolution to withdraw collectively from the ○○ church (hereinafter “the Plaintiff’s consolidated church”) with the KCA, Seoul East-dong Association (hereinafter “the withdrawal resolution of this case”) (hereinafter “after the resolution of this case’s withdrawal”).

I. On April 10, 2005, the Defendant’s members withdrawn from the Seoul East-gu Labor Association and joined the Federation of Korean Independent Association and Lineing Organizations (hereinafter “Korea Independent Association”). On June 21, 2005, the Defendant joined the Korea Empic Association (hereinafter “Korea Empic Association”).

j. On April 11, 2005, the judgment of the General Assembly of the Korea Telecommunication Association dismissed the above objection by Defendant 1 on the ground that Defendant 1 withdrawn from the Seoul East-dong Association. On April 28, 2005, on June 27, 2005, on Defendant 1, Defendant 2, 3, 4, 5, 6, 6, 7, 8, and 9 dismissed the position of the Director General of the Korea Telecommunication Association from the position of the Director General of the Korea Telecommunication and at the same time, on the grounds that Defendant 1 removed from the Seoul East-dong Association.

(k) On October 2, 2005, the Plaintiff’s consolidated church held a church and decided to leave the pastor Nonparty 3 as a temporary pastor, and held a religious council on October 9, 2005 and made the same resolution. On November 8, 2005, the Seoul Eastnam Labor Association decided to allow the ice Nonparty 3 to leave the ice of the Plaintiff’s integrated church as a temporary pastor of the Plaintiff’s integrated church (the chairman of the church) at the regular meeting on November 49, 2005.

(l) The Defendants possess each of the instant real estate and each of the instant vehicles. Meanwhile, from July 2005 to November 2005, the Plaintiff’s integrated side church is an assembly of worships in the lecture hall of the Kannam University University located in Gwangjin-gu Seoul Special Metropolitan City, and from December 4 of the same year, from the lecture hall of the Kandong High School located in Gangdong-dong Seoul Metropolitan Government.

[Ground for recognition] Unsatisfy, Gap's statements in Gap's 1 through 5, 51 through 53, 59 through 62, 67, 68, 84 through 87 (including branch numbers, if any), Eul's statements in subparagraph 11-1 and 2-2, the court's fact-finding on June 4, 2008 and on June 24, 2008, each fact-finding with respect to the president of the Seoul Southernnam's Republic of Korea, the purport of the whole pleadings, as a result of the fact-finding.

2. Relevant provisions;

A. The Constitution of the Republic of Korea (amended by May 30, 2006; hereinafter referred to as the “Constitution of the Korea Veterans Association”)

Part II Political

CHAPTER 2. church

Article 9. Branch Branches

It is intended that the group and its children believe the receipt of worship and, as they want, engage in activities in order to cultivate their thickness, make their life with good faith, and expand the leasing country. It is a branch church, and it is called an organized church and a church with a party church, and is called an organized church, which has no party church.

Chapter 5. Bags

§ 27. Title of wood

The title of a pastor shall be as follows:

2. A temporary timberer shall be a pastor who works temporarily with the permission of the Trade Association. The period of time shall be three years.

Article 28 (Hearing of Woods)

2. If a temporary pastor is ice copier, the consent of the plenary session shall be obtained by a resolution of the party council.

The ice ice petition of a temporary pastor shall be submitted to the Nowon-gu Council, accompanied by a written petition signed and sealed by a copy of the meeting minutes and the minutes of the meeting and a resume of the pastor and a letter of ice.

Article 29 Approval of Hearing

1. He/she shall submit a ice to the plenary session. If the plenary session passes a resolution that the plenary session is consistent, he/she shall deliver a ice to the plenary session. It shall not be delivered to the plenary session directly without the resolution of the plenary session;

Chapter 9 Round

Article 60 Division of the Council

The sub-council shall be divided into a political party, a labor union, and a general meeting.

Article 63 Authority of the Council

Each level of council may establish its own rules under the conditions as prescribed by the Constitution.

CHAPTER 10. Round

64 Organization and closure of the conference

1. The council shall be comprised of not less than two masters, assistant masters, and chiefs who hold office in a branch church;

Article 66 Governing President

The president of the political party shall be appointed by the Labor Association as follows:

1. The president of a branch church shall be the secretary general of the branch church;

2. The president of a temporary political party shall distribute and send it when a vacancy occurs to the president of a political party.

3. When the president of a political party is absent, or when there are other circumstances, the president of a political party may delegate his duties to the person delegated by the president or to the person recommended by an agreement of the party members.

67 Functions of the Council

9. The church shall manage real estate, such as the land and house of a branch church;

Part XIII Meetings and Institutions, and Organizations

§ 88 (Joint Council) The Joint Council shall be as follows:

1. The members of the joint council shall be those who are eighteen or more years of age from among the three-years of the absences of the branch church;

2. The Joint Council shall convene a meeting by a resolution of the party council, and advertise the date, time, place, and agenda to the church one week before the meeting is held;

3.The Joint Council shall be convened by a resolution of the Council in the following cases:

(i) the meeting needs to be convened;

4. The joint session meetings may be held by members holding the meeting; and

5. The resolutions of the Joint Council shall be as follows:

1) Matters presented by the meeting of the political party;

6.The resolution of the Joint Council shall be adopted by a majority for all matters other than those specified, and the seal shall be written by an indefinite vote.

7. The chairman and clerk of the joint council shall be the chairman and clerk of the party council; and

Article 89. Removal

The removal from office shall be as follows:

1. The member of the vertical association shall be a secretary general, director general, secretary general, secretary general, secretary general, secretary general, and secretary general;

2.The convening of an organization to be removed shall be as follows:

1) When the chairman recognizes the need to convene a meeting of the board of directors.

3. The number of days during which the vertical session is opened shall be advertised before one week and the number of days during which the session is present;

4. The president of the organization to be removed shall be the president of the organization, and clerks and accounts shall be selected at the meeting, and a department may be established, if necessary.

5.The resolutions of the vertical council shall be as follows:

(i)budget execution as decided by the Joint Council;

(iv) Other important matters.

Part III Disciplinary Authority

Part I General Provisions

Article 11. Provisional Disposition for Suspension of Practice

1. Where it is impracticable to reinstate the offender after being prosecuted for an offense until the judgment becomes final and conclusive, the offender shall file an application for a provisional disposition of suspension of duties at the time of prosecution and suspend his/her duties;

2. The suspension of performance of duties shall remain effective until the final judgment has been rendered;

Constitutional Ordinance attached to the church Constitution

CHAPTER 2. church

Article 4 Establishment and accession of the church

When establishing or joining a branch church, a written petition under paragraph (1) shall be prepared, signed and sealed by the members present at that church, and submitted to the Nowon-gu Council via the City Inspection Committee.

Part IV Employees of the church

Article 18 Petitions for Reappointment of Assistants

1. If a delegating pastor is an official seat, the temporary president of the relevant political party may petition his/her deputy minister who has already been in office for his/her reappointment;

2. A temporary pastor shall not file a petition for his reappointment.

33 Training of churches and churches

1. In order to train the churches to which the branch has occurred, the Trade Association may dispatch the members with the right to receive training to train them; and

3. The committee on the right to manage the church may, if necessary, suspend the functions of the chairman of the political party or the party council; and

Chapter 5. Powers

Article 45 Decisions on Provisional Disposition for Suspension of Practice

2. When the provisional disposition for suspension of duties is decided, the director general of the trial division shall notify the president or the president of the party concerned of the appointment of a proxy.

Article 46 Objection against Decision of Provisional Disposition for Suspension of Practice

1. In case where there is an objection against the decision on suspension from office, the requester or respondent may immediately raise an objection;

4. If an objection is filed, the provisional disposition for suspension of duties shall be suspended until the judgment in the next superior country is determined.

5.The next higher-class trial party in receipt of the written objection shall decide whether to accept it within 30 days from the date of receipt, prepare a written decision and notify the claimant of the decision in accordance with Form 18, and at the same time notify the decision-making party of the provisional disposition for the suspension of practice. No objection may be

The Regulations of the Korean Association of ○○ Association (amended by October 28, 2005, hereinafter referred to as the “previous Regulations”).

Article 10 (Disbursement and Disposition)

The executive members association shall conduct the disbursement of general expenses or the disposal of basic property in accordance with the resolution of the employment council.

Sub-laws

2. The lack of the bylaws of the Association shall correspond to the politics of the Association of the Korea Coast Guard.

The Regulations of the Korean Association of the President of the Korean Association (amended on October 28, 2005, hereinafter referred to as the "Revised Regulations").

Chapter 7 Meeting

Article 29 (Council)

The Council shall be as follows:

1.A member shall be a standing tree, a vice tree, or an armed riote.

6.The functions of the Council shall be to:

8) Managing the fundamental property of a church (real estate).

Chapter 9 Finance and Property

Article 41 (Preservation of Property)

The representative authority and voting rights in the acquisition, disposal, management and preservation of the properties of this church shall be as follows:

1. The church shall take charge of the affairs concerning real estate among the church properties;

2. The acquisition of real estate and other important properties of a church shall require the attendance of 2/3 of the registered members of the church and the concurrent vote of 2/3 or more of the present members, and the disposal thereof shall undergo a resolution of the joint council;

3. When dispute over a church, any person who deserts a religious order shall lose his right to use the church properties;

CHAPTER 11. Delegation Matters

Article 44

Matters not specified in the articles of incorporation shall be governed by the Constitution of this religious order, and matters not specified in the Constitution of the religious order shall be decided by the council.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence Nos. 54, 55, 69, 90, entry of Eul evidence Nos. 5 and 47, the purport of the whole pleadings

3. Main safety defenses.

A. Summary of the defendants' assertion

The instant lawsuit is null and void. (1) The Seoul East-gu Labor Association’s temporary chairman of the previous ○○ church is null and void. (2) The non-party 3, appointed by the office without a legitimate party council and resolution of the removal council, is not a legitimate representative of the Plaintiff church, and (3) the instant lawsuit concerning the preservation of collective ownership property, is unlawful as it is filed only by the resolution of the party council in accordance with the null and void amendment rules without a resolution of the members’ general meeting corresponding to the general meeting of members.

B. Determination as to whether Nonparty 2’s representative authority exists

(1) The defendants' assertion

The defendants' decision that the Seoul East-dong Association dispatched the non-party 2 to the non-party 2 as the temporary chairman of the church. ① When the suspension of duties is decided, the association can send the substitute chairman to the non-party 2 pursuant to Article 45 subparagraph 2 of the Constitution attached to the church constitution, or since the decision of provisional disposition in this case does not cause a vacancy to the chairman of the church, it is null and void. ② The temporary chairman of the church must be a pastor who does not have the right to send the temporary chairman of the church. The non-party 2 is the chairman of the △△△ church belonging to the Seoul East-dong church as of March 8, 2005 and the non-party 2 did not have the right to send the temporary chairman to the non-party 2 as of March 8, 2005. In addition, even though the above decision of provisional disposition in this case raised by the defendant 1 was null and void, the Seoul East-dong church's temporary chairman's right to send the non-party 2 to the non-party 31.

(2) Determination:

First of all, the above argument that "if a provisional disposition of suspension of duties is decided, the director general of the church shall notify the director general of the church or the director general of the church of the fact of the provisional disposition to appoint an agent of the union or the director general of the church if the suspension of duties is decided, the director general of the church or the director general of the church shall not be deemed to have the authority to appoint an agent of the union or the director general of the church or the director general of the church in accordance with the above provision. Article 66 of the church constitution provides that the appointment of the director of the union or the director of the church shall not be limited to the appointment of an agent of the director of the union or the director of the church. In addition, Article 66 of the church constitution of the second part of the church constitution provides that "if the director general of the church or the director of the church or the director of the church is vacant, the chairman of the church or the director of the church shall not be allowed to exercise his authority on behalf of the chairman of the party or the director of the party."

② As to the above argument, there is no evidence to prove that there is a provision on the qualification requirements for the appointment of the temporary president, such as the Defendants’ assertion, and therefore, it is not necessary to further examine the remainder. This part of the defendants’ assertion is without merit.

③ At the same time, Defendant 1’s objection was dismissed on March 10, 2005 by filing an objection against the provisional disposition of suspension of duties on March 10, 2005 pursuant to Article 46 subparag. 4 of the Addenda to the church constitution, but there is no dispute that the provisional disposition order of this case was suspended. However, on March 12, 2005, the probationary authority committee suspended Defendant 1’s party president’s right under Article 3 subparag. 3 of the Addenda to the church constitution from March 14, 2005. The fact that Defendant 1’s above objection was dismissed by Defendant 1 on April 11, 2005 on the ground that Defendant 1 withdraws from the Korea War Association. As such, Defendant 1’s objection was dismissed by the general meeting trial division of the Seoul Eastnam Council, the validity of the provisional disposition order of this case was extinguished retroactively without any relation to the above provisional disposition decision of the Seoulnam Council. Thus, it is reasonable to deem that the above provisional disposition order of this case became invalid.

(3) Sub-decisions

Therefore, the non-party 2 is a legitimate representative of the previous ○○ church on March 8, 2005, by the temporary decision of the chairman of the party branch on March 8, 2005.

C. Determination as to whether Nonparty 3’s representative authority exists

The defendants claim that the non-party 3, appointed by the council without the resolution of the council of the parties and the council of the parties on October 28, 2005, where the plaintiff's members agreed to hold the non-party 3 as the temporary pastor of the plaintiff's combined church, is null and void due to the serious defects in the general assembly of the members on October 28, 2005. ② The resolution of the council of the parties on October 2, 2005 and the council of the 9th of the same month was not actually held, and thus null and void as a resolution made at the meeting convened and held by the non-party 2 who is not qualified as the temporary council chairperson, and ③ the resolution of the council of the parties on October 9, 2005 was made without all notifying the members belonging to the defendant's members, and is null and void since the resolution of the council of the parties on October 9, 2005 was not a legitimate representative of the plaintiff merged church.

First of all, regarding the above argument 1, it is clear that the Labor Association has the authority to permit the president and the pastor of the branch church, as stated in the above relevant provisions. Part II, Article 27, and Article 28 of the church constitution provides that the Labor Association shall permit the resolution of the church and the temporary pastors with the consent of the plenary session, so the resolution of the Labor Association of the Union is not a requirement for the temporary pastors. Thus, the above argument by the Defendants is without merit.

Next, the above argument (2) is examined, and the non-party 2 is a legitimate representative of the previous ○○ church on March 8, 2005 by the temporary decision of the chairman of the party branch of the Seoul East-gu Labor Union, Seoul, and the above argument of the defendants is without merit.

Next, in light of the above three arguments, since the members of the defendant's association leave the previous ○○○ church's ○○ church's pre-existing ○○ church's ○○ church's 00 members, and they lost their status as the members of the pre-existing ○ church's 00 members, they shall be viewed as follows d. 2 (a) and Gap's 63 certificate (which shall be recognized as the authenticity of documents in light of the overall purport of the arguments, but there is no evidence to recognize that the records and arguments of Gap's 64 and 65 evidence were forged). Since the above relevant provisions were not followed by the above provisions, the plaintiff's integrated church's 00 members' 00 members' 00 members' 000 members' 3th 1000 members' 3th 100, the plaintiff's 1's 5th 1000 members' 3th 5th 205 205 3th 2005.

D. Determination on the validity of the resolution to file a lawsuit

(1) The defendants' assertion

The defendants asserted that the lawsuit of this case was filed by the resolution of the church with the authority to manage the property under the church constitution, which is applied mutatis mutandis by the previous rules, even if the rules for the family amendment were null and void, the resolution of the amendment of the rules of the collective church on October 28, 2005 (hereinafter referred to as "the collective assembly on October 28, 2005") is null and void. <2 Since the rules for the amendment are null and void, the resolution of the collective assembly on October 28, 2005 (hereinafter referred to as "the collective assembly on October 28, 2005") still has the authority to manage the fundamental property of the collective assembly on October 28, 2005 without the resolution of the collective assembly on October 28, 2005, and the non-party 3, who is a temporary pastor, is not entitled to institute the lawsuit of this case only by the resolution of the collective assembly on October 28, 2006, respectively, is unlawful.

(2) Determination:

(A) First, we examine whether the Joint Council of October 28, 2005 was lawfully held.

According to the entries in Gap 78, 79, and 80 evidence, Eul 9 and 10 evidence, and each purport of the arguments, the consolidated plaintiff church on October 21, 2005 shall be notified that the assembly of the members on October 28, 2005 will be held through the advertisement and the church bulletin on October 21, 2005, and the members of the defendant side shall hold a church on the 23th of the same month and resolve to consider the case of amendment of the articles of association as the agenda of the general assembly of the members. The members of the defendant side, including the defendant, decided to leave the previous 000 church on April 10, 2005; the members of the 20000 association, including the defendant, joined the Korean 20 association of the independent church on April 11, 2005; the members of the previous 3000 association of the defendant side, including the defendant church, shall be deemed to have joined the 10th association of the members on June 214, 27, 20197.

(B) Next, we examine whether there was a legitimate amendment of the articles of incorporation at the Assembly of the People's Republic of Korea on October 28, 2005.

According to Gap evidence Nos. 78, 79, and 80, Eul evidence Nos. 9 and 10 each, and the purport of the whole arguments, the plaintiff consolidated church held a general meeting of the members on Oct. 28, 2005 and 1,782 (25, 18 and 1,452, and 321, respectively) from among 2,543, and attended a meeting of 1,782 from among the removed members (25, 18 and 1,452, and 321, respectively) and resolved to amend the rules of the previous ○○○○ church on a full basis. However, although the amendment of the articles of incorporation of an association which is not a legal entity requires a resolution of 2/3 or more of the members with voting rights, the members of the 200th general meeting of the members of the 3rd general meeting of the 205, the members of the 3rd general meeting of the 25th general meeting of the members are not present.

(C) Next, we examine whether the right to preserve the property jointly owned by the Plaintiff’s joint church is a party and whether there is a removal from the office.

As seen earlier, the articles of association of the Plaintiff’s consolidated church is still the previous rules because the amended rules are not effective.

However, the meaning of "management of fundamental property" in Article 10 of the previous rules is as follows: ① the above provision is stipulated under the title of the "disposition and Disposition of Basic Property"; ② the "general expenditure" and the comments are made by the "or", which is a connectionr with the structure of the articles, etc. ③ According to the overall purport of the pleadings, the previous ○○○ Association is recognized to have been in charge of the management of basic property separately from the disposal and management of the basic property. In light of the fact that the previous ○○ Association has been in charge of the management of basic property

In addition, the logical and systematic interpretation of the terms used in Articles 264, 265, and 272 of the Civil Act governing the co-ownership relationship and co-ownership relationship in comparison therewith, which are referred to in Article 276 of the Civil Act governing the logical and systematic interpretation of the terms used in Articles 264, 265, and 272 of the Civil Act, "disposition of fundamental property" refers to the transfer of fundamental property or the establishment of a limited real right on such property, and "management of fundamental property" refers to the preservation, use, and improvement of fundamental property as a corresponding concept to the above disposition, and "maintenance of fundamental property" refers to the maintenance of the present state of fundamental property. Thus, the above "disposition of fundamental property" includes the concept of "management or preservation

Therefore, since the previous rules do not provide for the preservation of collective ownership property, the church constitution should be applied mutatis mutandis pursuant to subparagraph 2 of the Addenda to the previous rules, and Article 67 of the church constitution provides that "the church church shall manage real estate, such as the land, house, etc. of the branch church" shall be stipulated in subparagraph 9 of Part II of the church constitution. Meanwhile, with respect to the management of movable property and other property, although there is no provision in the church constitution, it is unreasonable to say that the management of movable property and other property should follow the resolution of the members' general meeting in accordance with the collective ownership regulations stipulated in the Civil Act for the reason that there is no provision regarding the management of movable property and other property, it is reasonable to apply Article 67 subparagraph 9 of Part II of the above church constitution to the management of movable property and other property. Thus, the disposal of basic property shall be in accord with the interpretation of the previous rules and regulations of the church constitution as the members of the church without the authority to manage movable property and other property, and the management of fundamental property, such as movable property and other property shall be the members of the church.

Therefore, it is reasonable to see that the authority to file the instant lawsuit seeking the exclusion of disturbance as the act of preserving each real estate and each motor vehicle of the instant case, which is the collective ownership property of the Plaintiff’s consolidated church, exists in the Council. Therefore, this part of the Defendants’ assertion on different premise is without merit.

(D) Lastly, it is examined whether there was a legitimate resolution of the council of the Plaintiff’s consolidated church for the filing of the instant lawsuit.

The written evidence Nos. 70, 82, and 83 of this Court, and the results of the fact-finding and the whole purport of the pleadings with respect to the Seoul East-gu Seoul East-gu Council on June 4, 2008. The Seoul East-gu Council, upon permission on November 8, 2005 to request the plaintiff's consolidated church to hold a pastor non-party 3 as the chairman of the plaintiff's consolidated church and the temporary pastor. The Seoul East-gu Association, Seoul, which approved the non-party 3's re-election of the non-party 3, who is the temporary chairman at the 50th regular union. The council of the plaintiff's consolidated church, the council of the plaintiff's members, can recognize the fact-finding resolution or ratification of the lawsuit of this case against each of the defendants on May 28, 2006, August 27, 2006, and October 2, 2007, this part of the defendants' assertion is without merit.

(3) Sub-decisions

Therefore, the filing of the instant lawsuit by the Plaintiff’s consolidated church is legitimate.

4. Determination on the identity of the previous ○○ church

A. The parties' assertion

(1) The plaintiff-integrated church's assertion

On April 10, 2005, the members of the defendant's side decided to withdraw from the Seoul East-gu Association without obtaining any quorum necessary for the resolution of withdrawal from the Seoul East-gu Association, and furthermore, they join the Korea Independent Association and the Northwest-gu Association in sequential order. As such, the previous ○○ Association continues to exist with the plaintiff's consolidated church composed of the members of the plaintiff who did not withdraw from the Seoul East-dong Association, and the defendant's joint church consisting of the members of the previous ○○ Association is all different churches from the previous ○○ Association.

(2) The defendants' assertion

The general assembly of the members of April 10, 2005, which passed the resolution of this case, did not require the resolution of the church for holding the church in accordance with the previous rules. Since there was no inevitable resolution in the situation where the normal progress of the church is impossible due to the obstruction of the plaintiff's members, there was no procedural error in the procedure. Even though there was a domestic procedural error, since there was a high possibility that at least 2/3 of the members with voting rights of the previous ○○ church can agree, the joint church of the defendant still exists with the previous ○○ church, while the members of the defendant et al. including the defendant et al. leave the previous ○○ church on December 21, 2003. Since the defendant et al. leave the previous ○○○○○○ church as the member of the previous 200 church, the previous church and the previous 200 church were separated from the previous 2000 church, and there was no allegation that the plaintiff 200 church and the previous 207 church are invalid.

(b) Legal doctrine;

As long as a church exists as an association which is not a juristic person, in resolving disputes regarding its legal relations, the essence of the church shall be determined in accordance with the general theory of the Civil Act concerning an association which is not a juristic person, and the members shall jointly own the properties of the church and use and profit from the church. Meanwhile, in cases where it is recognized that a branch church which has joined a specific religious order has accepted the Constitution prescribed by the rules of the branch church as its own autonomous rules, the change of the religious order actually results in changing the rules of the branch church. If the branch church provides its own rules, the change of the religious order entails changes in the rules included in the rules of the branch church, such as the name or purpose of the branch church, and therefore, the change of the religious order requires a resolution by 2/3 or more of the members with voting rights in accordance with the amendment of the articles of the association, and if it does not reach 2/3 of the members with voting rights in the previous religious order, the previous church still has a right to leave the religious order as 200 or more of the members with voting rights (see Supreme Court en banc Decision 20606Da274.70.70.206.

C. Whether the resolution of withdrawal of this case is valid

(1) Facts of recognition

(A) The previous ○○○ Association is a branch church belonging to the Korean Egymnae Association (Integrated School), which is a branch church belonging to the Korean Egymnae Association (hereinafter referred to as the “Korea Egymnae Association”), and that it is inconsistent with the politics of the Korean Egymnae Association (Constitution).

(B) The defendant's members held a general meeting on March 11, 2005 to withdraw from the Seoul East-gu Labor Relations Commission, but when the resolution was lawful, it was at issue. On April 10, 2005, the defendant's members decided to hold a general meeting on April 10, 2005 for the purpose of ratification of the resolution of the above general meeting, and attached a written public notice as follows on April 3, 2005 on the bulletin board on April 10, 2005. The contents of the general meeting of the members on April 10, 2005 were not posted on the bulletin board of the church, while Defendant 1 did not have passed a resolution on April 10, 2005 before convening the general meeting of the members on April 10, 2005.

1) Date: April 10, 2005 (one or five copies per week)

(b) Place: the principal place of ○○ Association;

3) Agendas: ① a case of ratification of the resolution of the Assembly of the People's Republic of Korea on March 11, 2005 (including the case of withdrawal from the Seoulnam's Association; the case of establishment of the regulations of the Association of the Association of the Association of the Persons' Republic of Korea; the case of the establishment of the rules of the Association of the Association of the Persons' Republic of Korea; the case of delegation of authority to the committee on the countermeasures against all kinds of rules within the church; ② an associate case of joining the Association of the Independence Association of the Association of the Persons' Republic of Korea; ③ the case of passing the articles of association of the Association of the ○○ Association

(C) On April 10, 2005, when the general assembly of the members of ○○○ church was held on April 10, 2005, the list of the members of the previous ○○○ church was not prepared and kept in advance, 7:0 am on April 10, 2005, 9:30 am on the 30 am on the 30 am on the 30 am on the 4 am on the 12:0 am on the 4 am on the 5 am on the 120 am on the 4 am on the 5 am on the 10 am on the 10 am on the 120 am on the 10 am on the 10 am on the 10 am on the 10 m

(D) A resolution of the Assembly of the Republic of Korea on April 10, 2005 was made by the number of copies. The method was that Defendant 1, each of the items, was 5 seconds or 10 seconds, at the request of Defendant 1, the executor, and there was no confirmation work as to whether Defendant 1 was a member with voting rights (the number of persons aged 18 or older), and no specific device was installed to prevent double voting (the number of copies or five times of each class).

(E) According to the minutes of the General Assembly of the People's Republic of Korea on April 10, 2005, the resolution of the withdrawal of this case is stated as follows: (a) the number of 6,488 of the number of 6,686 attending the meeting and the number of 198 of the 6,686 of the number of 6,686 of the number of 6,686 of the number of 6,68 of the 6, and the number of 1,00 of the 6,686 of the 6, without voting

[Reasons for Recognition] Facts without dispute, entry of Gap evidence Nos. 4, 67, and 68 (including branch numbers, if any), entry of Eul evidence Nos. 7 and 17, the purport of the whole pleadings

(2) Determination:

In light of the above facts and the overall purport of oral arguments, the following facts are acknowledged: ① a resolution to leave or change a different religious order, such as the resolution of this case, has an effect on the members belonging to the church, so relatively strict legitimacy is required for the convening procedure or the method of resolution; ② according to Article 88 subparagraph 2 of Part II of the church constitution applied to the previous ○○ church, the convening of the general assembly (joint assembly) shall undergo the resolution of the church; ③ The general assembly of the members on April 10, 2005 (the general assembly of the members on April 10, 2005 is for the resolution of the number of members belonging to the above 10 times as well as for the resolution to leave or change the order; ③ The general assembly of the members of the members of the 2000 assembly, which is the same as that of the members of the 20th general assembly, has been carried out by the members of the 10th general assembly without the voting rights of the members belonging to the 10th general assembly.

D. Whether the defendant joint side church and the previous ○○ church are identical

The defendants asserted that the members of the defendant joint church has continued without suspending worship and religious activities in the distribution of the wedding of the ○○ church in Songpa-gu, Seoul. Rather, the members of the plaintiff left the previous ○○ church and are towing in another place, while the number of the members of the plaintiff is only 400 members, while the number of the members of the defendant joint church is 6,000 members, the number of the members of the defendant joint church is 6,000 members, so the defendant joint church is identical to the previous ○○ church.

In this case, the resolution of withdrawal of this case is null and void, and the facts that the members of the defendant left the Seoul Eastern Association and furthermore join the Korea Independent Association and the Western Labor Association in sequential order are as seen earlier. Therefore, the above assertion by the defendants is without merit, on the sole ground that the buildings of the previous ○○ church are actually occupied by the previous ○○ church without a legitimate resolution of withdrawal for religious order change, or that the number of the members simply supported is relatively large. Thus, the defendant joint church (or the defendant's church that refers to the defendant's church that argues that the resolution of withdrawal of this case is null and void as the defendant's resolution of withdrawal of this case is null and void) composed of the members of the defendant who voluntarily withdrawn from the previous ○○ church, which is composed of the members of the previous ○○ church.

E. Sub-committee

Therefore, the resolution of withdrawal of this case is null and void, and the previous ○○ church still remains as the plaintiff’s consolidated church, which is the branch church belonging to the Seoul East-gu Labor Association.

5. Demand for delivery;

A. Determination on the cause of the claim

The previous ○○ Association is the owner of each of the real estate and each of the motor vehicles in this case, and the plaintiff’s integrated church is a church with the identity of the previous ○○ Association as recognized earlier. The facts that the Defendants physically occupy each of the real estate and each of the motor vehicles in this case do not conflict between the parties (the defendant joint church is deemed to have led to confession since it does not clearly dispute them), and the Defendants are obliged to deliver each of the real estate in this case and each of the motor vehicles to the plaintiff integrated church, unless there are special circumstances.

B. Determination on the Defendant’s assertion

(1) Defendant et al.’s assertion

The defendant et al. asserted that ① the removal of the defendant et al. against the defendant 1, 2, 3, 4, 5, 6, 7, 8, and 9 of the Seoul East-dong Labor Association is null and void, and that the defendant et al. has joined the Northwest Labor Association on the real estate of this case and that the withdrawal of this case is valid, and that the defendant et al. has allowed the defendant et al. to join the Northwest Labor Association on the premise that the withdrawal of this case is valid. If the withdrawal of this case is null and void, the defendant et al. still has the right to possess the real estate of this case since the defendant et al. is the members of the previous ○○○ church. ② The person who occupies each real estate of this case and each motor vehicle of this case is only the previous ○○ church, an association which is not a juristic person, and if the withdrawal of this case becomes null and void, the defendant et al. possesses each of the real estate of this case and each motor vehicle of this case.

(2) Determination:

① First of all, according to the arguments, Gap evidence Nos. 4-1, 2, 59 through 62, 84 through 88, and Eul evidence No. 17, the defendant members including the defendant et al. shall publish a written name stating the withdrawal of the Seoul East-dong Association on March 11, 2005, and on April 10 of the same year, the withdrawal of the case was decided on April 11 of the same year, and the defendant et al. joined the Seobuk-dong Association on April 21 of the same year; the defendant 1 did not have any other evidence that the defendant et al. joined the above ○○ Association on April 10, 2005, and the defendant et al. did not have any other reason to recognize that the defendant church et al. joined the above ○○ Association on June 22, 2005, as a joint association member of the Seoul Southern-dong Association on the status of the defendant church, regardless of whether the defendant church belongs to the defendant church.

Next, as seen earlier, the argument that the resolution of the withdrawal of this case is null and void, and the defendant et al. secedes from the previous ○○ church and join the Northwest that differs from a different religious order. However, if the resolution of withdrawal is null and void even though the previous ○○ church withdraws from the previous ○○ church, it is reasonable to conclude that the defendant et al. occupies it against the will of the plaintiff’s consolidated church by asserting that the defendant et al. occupies the previous ○○ church that is not the members of the defendant’s joint church but the previous ○○ church or the members of the previous ○○ church, and that the defendant et al. occupies it independently from the defendant’s joint church. Therefore, the above argument by the defendant et al.

C. Sub-committee

Therefore, the Defendants are obliged to deliver each of the instant real estate and each of the instant vehicles to the Plaintiff’s consolidated church.

6. Requests for eviction.

The Plaintiff’s consolidated church is seeking to leave the Defendants from each of the instant real estate separately from the above requests for extradition. However, as long as the Defendants’ duty to deliver each of the instant real estate is recognized, the above duty to surrender includes the Defendants’ duty to leave each of the instant real estate, the Plaintiff’s consolidated church’s request for eviction against the Defendants of the Plaintiff’s consolidated church is rejected.

7. Request for prohibition and prevention of disturbance;

The Plaintiff’s consolidated church asserts that since the Defendants illegally occupied each of the instant real estate, the Defendants should prohibit entry into the instant real estate in the future, and that the Defendants should pay KRW 10,000,000 as enforcement fines every time of entry into sales in preparation for the case.

On the other hand, the real estate of this case is owned by the plaintiff's consolidated church. In general, in light of the German doctrine, anyone who is not a person with a religion can enter the church unless he obstructs the worship and religious activities. However, as seen above, there was a dispute between the plaintiff's members and the defendant's members over several times from April 2004, and the defendant's joint church is a non-corporate association whose identity is different from the previous ○○○ church association. The defendant et al., who left the previous ○○ church's joint church's association and associate pastors of the defendant's joint church belonging to the Seo-gu North Korean association, arguing that the defendant et al. possessed each of the real estate of this case, the plaintiff's church's member and the defendant's side occupy the previous ○○ church's properties and associate pastors, and since the physical conflict between the plaintiff's members and the defendant's members before and after the withdrawal of this case, the defendant's joint church's activities are not likely to interfere with the plaintiff's activities of this case.

In addition, even if the enforcement title ordering the above prohibition against the Defendants exists, in light of the above circumstances, it is deemed that the Defendants might violate this within a short period. Thus, the Plaintiff’s consolidated church may claim prevention against the Defendants. Furthermore, in the event that the Defendants violate this, it is reasonable to deem that the Defendants pay KRW 1,00,000 each time of the violation in consideration of health expenses, the damages of the Plaintiff’s consolidated church due to the Defendants’ violation, the degree of the damages of the Plaintiff’s combined church due to the Defendants’ violation, and the degree of the risk of the Defendants’ violation.

8. Conclusion

Therefore, the plaintiff's consolidated church's claims for delivery of each of the real estate of this case and each of the motor vehicles's claims for prohibition of entry and departure are justified, and each of the claims for prevention of this case shall be accepted within the extent of the above recognition, and each of the remaining claims shall be dismissed, and it is so decided as per Disposition.

[Attachment 1] List of Real Estate: (Omission)

[Attachment 2] Automobile List: (Omission)

Judges Lee Jin-hee (Presiding Judge)