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(영문) 수원지방법원성남지원 2015.09.10 2014가합7595

헌금반환 이혼제청

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant, as a member church belonging to the CD, was established in around 1980 as an incorporated association, and the Plaintiff had registered as the Defendant’s member and had been engaged in religious life around 191.

B. On May 11, 2014, the Defendant held a party meeting in the presence of 22 persons, a Si/Gun/Gu office, and decided on the disposition of the Plaintiff’s expulsion pursuant to Article 5(2)6 of the Ordinance on Disciplinary Measures on the ground that the Plaintiff committed an act falling under any of the subparagraphs of Article 4(3) of the Ordinance on Disciplinary Measures as follows.

- The fact that there is no dispute over the fact that the document that denies the traditional doctrine of the classical reading has been sent to the inside and outside of the jurisdiction of the Defendant and posted on the Internet from time to time in bad faith and openly distortedly distortedly against the Defendant and its members, thereby impairing the party’s honor by impairing the party’s reputation, and thus hindering various meetings, duties, worship, etc. as a result of his disturbance from time to time in the Defendant’s facilities [the grounds for recognition], the entry of the evidence No. 9, the purport of the entire pleadings, and the purport of the whole pleadings

2. The plaintiff asserted that the plaintiff is the member of the defendant church from 1991 to 2014 and provided the defendant church with an amount equivalent to 874,570,000 won in full as stated in the following table, and the defendant church made a disposition to leave the church against the plaintiff. It is reasonable to interpret that the plaintiff's expression of intent to provide a contribution to the church is a kind of expression of intent of donation under the condition that he/she can be recognized as a member of the church in a peaceful manner. If the conditions for rescission are fulfilled, the contract to provide the contribution will be rescinded and the church will be obligated to return the contribution to the unconstitutional donor, and even if not, the defendant church shall be notified of the cancellation of the contract to provide the contribution through the delivery of a copy of the application to change the grounds for the claim, and the defendant church shall be the head of the e-mail and the head of the H from April 2006 to October 206.