logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2016.01.19 2015가단17695
제3자이의
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit shall be borne by D.

Reasons

1. Since the articles subject to compulsory execution by the Defendant based on the judgment stated in the Plaintiff’s claim are not owned by Nonparty D, but owned by the Plaintiff A religious organization B, compulsory execution should be denied.

2. First of all, we examine the legitimacy of the instant lawsuit, whether the instant lawsuit was filed by a legal entity or an unincorporated association or foundation.

Inasmuch as the Plaintiff did not clearly state his own purpose or substance, it shall be regarded as an unincorporated association or foundation with the objective of spreading the doctrine of inspection or the doctrine of Buddhistness, and shall be determined as follows:

Inspection means a Buddhist inspection, which is an organization of the believers and is equipped with facilities for the declaration of the Buddhist religion and the consciousness of the Buddhist religion, and has the substance as an independent inspection, there are physical elements, such as the Buddhist inspection property, such as the Buddhist church, which is a human factor, and there is considerable attention and belief, including the awareness as a human factor, and it is necessary for the inspection to carry out social activities with its own life with the rules as an organization.

(See Supreme Court Decision 2004Da32206, 32213 delivered on October 28, 2004). (b)

Examining the evidence submitted by the Plaintiff, the following facts can be acknowledged:

① The director of the Changwon Tax Office has obtained identification numbers in the name of the Plaintiff.

② There are Plaintiff BP teachers, F, and G universities in the temple area E in the window of Changwon-si, which is located in the Changwon-si E, and the law party or restaurant is used together without any separate division or division.

③ On the other hand, on April 1, 200, Plaintiff BP teacher was opened by Nonparty H, and was registered as SP teacher from A religious organization on July 26, 2001. After November 17, 2009, Plaintiff BP teacher was commissioned as the administrator of Plaintiff BP teacher from the Head Office I of A religious Organization No. 14 to the administrator of Plaintiff BP teacher, and was registered as the said I’s office.

D on July 6, 2009, F created F and registered F as the temple of J Religious Organizations. J religious groups appointed D as F's chief knowledge.

G Universities shall make April 1, 200.

arrow