A. Legal relations in a case where part of the members join a new religious order because the intention of the members conflict with each other with respect to the change of the church attached to the new order

(b) Where a church is divided, the relationship between the ownership of the church properties;

A. Although the members of a church which belongs to a different religious order shall follow the total of the members who move to the church belonging to the same religious order, some of the members who conflict with each other with regard to the change of the church belonging to the previous religious order remains in the church belonging to the previous religious order, while some of the members agree to move to the church belonging to the previous religious order and join a new religious order, the church which originally belongs to the previous religious order and the members who agree to move to the new religious order shall be deemed to have been divided into two of the churches who move to the new religious order.

(b) In the case of the division of a church, the church property belongs to the collective ownership of the members at the time of the division and the preservation of the church property requires a resolution of the general meeting of the church, and some of the members who jointly own the church property shall not seek an order of the church property to the other members, and in the case where the church property belongs to the collective ownership of the members at the time of the division, even if the church property is divided and the registered name falls under any of the collective ownership of the members at the time of the division, it shall be registered in accordance with the substantive relations

Article 275 of the Civil Act

A. Supreme Court Decision 84Meu819 delivered on February 8, 1985 (Dongdong) (Supreme Court Decision 4289Sang182 delivered on December 13, 1957)

[Defendant-Appellee] The Head of the Han River Association ○○○ Association and △△ Association, Counsel for defendant-appellee and one other for defendant-appellee

[Defendant-Appellant-Appellee] Defendant 1, et al., Counsel for defendant-appellant-Appellee and two others, Counsel for defendant-appellant-appellee

Seoul High Court Decision 83Na4080 delivered on March 12, 1984

The judgment below is reversed and the case is remanded to Seoul High Court.

We examine the legal principles concerning the nature of church properties in the case of the division of a church among the defendants' legal representatives' grounds of appeal.

In full view of the facts without dispute and the evidence adopted by the court below, the 1965.16 of the above 200 church's original list of the plaintiff church's properties, which had been signed by the 10th of the above 5th of the 196 church's properties, and the 196.4.2 of the 196 church's properties, which had been signed by the 2nd of the above 4th of the 2nd of the 2nd of the 1st of the 196th of the 2nd of the 2nd of the 2nd of the 2nd of the 1st of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 3th of the 2nd of the 3th of the 2nd of the 3th of the 1st of the 3th of the 3th of the 3th of the 1st of the 3th of the 2nd of the 3th of the 2nd of the 2nd of the 2nd of the 3th of the 2nd of the members.

However, as the members of a church who belong to a different religious order have to move to the above church, it shall be decided that some of the members of the church still remain in the previous church because they conflict with each other with regard to the change of the church to which they belong, and in the case of joining a new religious order, the church originally belonging to the previous religious order and the members who agree to move to a new religious order shall be deemed to be divided into two different churches who belong to the new religious order, and in the case of the division of a church, the church properties shall belong to the joint ownership of the members at the time of the division and the preservation of the church properties shall be decided by the general meeting of the members, and in the case of the division of the above church, some of the members who belong to the above religious order who belong to the above 2nd church after the division of the church shall not be able to request the correction of the church properties to the other members, and in the case of the division of the church's properties, it shall be deemed that there is a separate opinion among the members of the Seoul church 1981.2

Therefore, the judgment of the court below without examining the remaining grounds of appeal shall be reversed, and the case shall be remanded to the Seoul High Court, which is the court below, and it is so decided as per Disposition by the assent of all participating Justices.

Justices O Sung-sung(Presiding Justice)