2015Da16941 Building Name Map, etc.

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Jeonju District Court Decision 2014Na1167 Decided January 13, 2015

July 23, 2015

The part of the judgment of the court below against the defendants is reversed, and that part of the case is remanded to the Jeonju District Court Panel Division.

The grounds of appeal are examined.

1. According to Articles 2, 9(1), 9(2), and (7) of the former Enforcement Decree of the Korean Traditional Temples Preservation and Support Act (amended by Act No. 1031 of May 31, 2010; hereinafter referred to as the "Korean Traditional Temples Preservation and Support Act"), and Articles 2, 9(1), (2), and (7) of the former Korean Traditional Temples Preservation and Preservation Act (amended by Act No. 9473 of March 5, 2009; hereinafter referred to as the "Korean Traditional Temples Preservation and Support Act"), land owned by or provided as security to the representative organization of the Korean Traditional Temples (including 202Da4550 of the Korean Traditional Temples Preservation and Support Act; hereinafter referred to as the "Korean Traditional Temples Preservation and Support Act"); and 2, 36, as land closely owned by or provided as security for the traditional Buddhist Temples (hereinafter referred to as the "Korean Buddhist Temples Preservation and Preservation Act"), the transfer or lease of such land in violation of the Act shall be deemed null and void.

Nevertheless, on the grounds indicated in its reasoning, the court below held that the lease contract of this case in relation to the building and land, even though the building and land for which the plaintiff, who is a traditional temple, seeks to deliver to the defendants, are invalid, without examining whether such building and land are bordered, without obtaining permission from the Mayor/Do Governor. Thus, the court below erred in the misapprehension of legal principles as to the real estate subject to lease permission from the Mayor/Do Governor under the Traditional Temples Temples Act, thereby failing to exhaust all necessary deliberations.

2. Therefore, without examining the remaining grounds of appeal, the part of the judgment below against the Defendants is reversed, and that part of the case is remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Cho Jong-hee

Justices Park Sang-hoon

Justices Kim Jae-tae

Justices Park Sang-ok