Plaintiff 1 and 2 others (Law Firm Ham, Attorney Kang Jong-sik, Counsel for the plaintiff-appellant)

Defendant church (Attorney Park Jong-soo, Counsel for the defendant-appellant)

November 18, 2005

1. All plaintiffs' lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

It is confirmed that the non-party is not the representative of the defendant.

1. Determination as to the legitimacy of the instant lawsuit

A. The plaintiffs seek confirmation that the non-party, who was the standing member of the defendant church, was subject to the disciplinary action of the non-party who was the standing member of the defendant church by the adjudication committee of the Seoul District General Assembly, and was not the representative of the defendant church, but exercised the authority of the representative to dispose of the property of the defendant church, and that the non-party is not the representative of the defendant church to return

B. According to the above case, if the church members are organized by a number of the above members, and its representative is not a legal entity as stipulated in Article 52 of the Civil Procedure Act (see Supreme Court Decision 91Da30675, Nov. 26, 191), the Seoul Regional Assembly Decision 300, Oct. 15, 2004, the non-party's punishment of KRW 3,000 was determined for the crime of embezzlement was not 50, and the non-party's right to participate in the religious activities and 50% of the price of the church site was 50,000, and the non-party's religious building site was not registered within 10,000,000 won and the non-party's new religious church site was not registered within 10,000,000 won and the non-party's new religious church site was not registered within 31,000,000 won.

C. Even if the capacity of the parties of the defendant church is recognized, there should be a benefit of confirmation as a requirement for the protection of rights in the lawsuit for confirmation, and the benefit of confirmation is recognized as the most effective and appropriate means to receive the judgment of confirmation in order to eliminate the plaintiff's rights or legal status in danger, apprehension, and danger (see Supreme Court Decision 91Da14420, Dec. 10, 191, etc.). If the non-party disposes of the property of the defendant church without the authority of representative as alleged by the plaintiffs, seeking confirmation of the non-party's absence of the status of representative is not the most effective and appropriate means to return the property of the defendant church, and therefore, the lawsuit of this case by the plaintiffs

2. Conclusion

Therefore, the plaintiffs' lawsuit of this case is all unlawful, and it is so decided as per Disposition.

Judges Sung Jin-jin (Presiding Judge)