SHERP

2006년도 주요 민법(民法) 관련 판례 회고
A Review of Civil Law Cases decided in 2006

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Authors
윤진수
Issue Date
2007
Publisher
서울대학교 법학연구소
Citation
법학, Vol.48 No1 pp.371-449
Keywords
교회의 분열공통의 착오파산관재인의 제3자성소멸시효의 남용부당리득성전환취득시효초상권저당권split of a churchtrustee of a bankrupt debtor as a third personthe abuse of prescriptionadverse possecommon mistake
Abstract
This paper reviews 33 korean cases on Civil Law decided in 2006. Among
these cases, 2 cases are the most important.
1. On April 20, 2006, the Korean Supreme Court overruled its own precedents
regarding the split of a church. According to the former precedents, the members
of a church at the time of the split were collective owners of the property of
the church regardless of the split. But these precedents were much criticized
because the court could not resolve the dispute of the church members. So the
new decision denied the split of a church as a legal concept. Rather, the
decision declared, the so-called split of a church is nothing but a collective
secession. So the seceded members cannot assert any right upon the church's
property. But the church can change the denomination with the approval of more
than two-thirds of the members. In my opinion, this new decision comports with
the purpose of the law for the resolution of the dispute.
2. The majority opinion of the Korean Supreme Court decision on June 22,
2006 declared that the sex of a woman in the family register who received a
transsexual operation could be changed from woman to man by way of the
family register correction. But the minority opinion asserted that the transsexual
operation should not be a cause of the family register correction as a matter of
interpretation of law. According to the minority opinion, the legislature, not the
court, had the competence to decide whether transsexual operation should be the
cause of the change of sex in the family register.
This decision can be compared with the decision of the House of Lords of U.
K on April 10, 2003. In Bellinger v. Bellinger, [2003] 2 W.L.R. 117 the House...
ISSN
1598-222X
Language
Korean
URI
http://lawi.snu.ac.kr/

http://hdl.handle.net/10371/10111
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 48, Number 1/4 (2007)
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