1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. The reasoning for the court’s explanation on this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance, and thus, they are cited by the main text of Article 420 of the Civil Procedure

2. Determination on this safety defense

A. The establishment registration of the instant loan agreement concluded on September 9, 2010 between the Plaintiff and the E-Korean church (hereinafter “instant loan agreement”) and the instant loan agreement as the secured claim is null and void since the registration of the establishment of the instant loan agreement was made according to D, not a legitimate representative of the E church, and was not subject to a resolution of the general meeting comprised of the members of the E church.

Thus, since the plaintiff cannot be deemed to have acquired the right to collateral security on the real estate of this case, there is no benefit to seek confirmation as to whether there exists a right to collateral security on the real

B. Determination 1) As long as a registration of ownership transfer has been made on the register of real estate, the procedure and cause for the agreement shall be presumed to be justifiable, and the party asserting the unfair procedure and cause thereof shall be bound to prove it (see, e.g., Supreme Court Decision 2002Da46256, Feb. 28, 2003). Meanwhile, in a church that is an organization of the German Germany, any property consisting of the members’ annual report, contribution money, and other property that is the revenue of a church belongs to the collective ownership of the members of the church, barring special circumstances. Therefore, the disposal of the property shall follow a resolution of the general meeting consisting of the members of the church (see, e.g., Supreme Court Decision 2006Da2312, Feb. 12, 2009). In addition, in relation to the resolution of the general meeting of an incorporated association under the Civil Act, whether the parties meet the quorum or quorum and whether the resolution was completed or whether the resolution was defective in the process.