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(영문) 서울고등법원 2018.10.17 2017나19564

소속증명서 발급

Text

1. All of the instant lawsuits that have been changed interchangely in this court shall be dismissed.

2. The Plaintiff’s total costs of litigation.

Reasons

1. The reasoning for the court’s explanation on this part of the basic facts is that the reasoning for the judgment of the court of first instance is the same as that for the corresponding part of the reasoning for the judgment, and thus, they are cited in accordance with the main sentence

2. The plaintiff's assertion is necessary to issue a certificate of affiliation that proves that the plaintiff is a church belonging to F for the purpose of operating the church normally with a unique number certificate issued at the tax office, changing the location of the B church's non-profit corporation registration to "H in Seo-gu, Seo-gu, Incheon," cancelling the registration of the change of the registered titleholder on the G land, and confirming the consistency of the registration of the change of the registered titleholder on July 19, 2013. Thus, the plaintiff is seeking against the defendant the implementation of the procedure for issuing the above certificate of affiliation and the confirmation of the completion of the church belonging to F

(A) The plaintiff asserts that the issuance of the above certificate of affiliation is necessary for the operation of the church even if the plaintiff does not have the identity of his or her or his or her previous B church, but the plaintiff consistently asserted that the resolution at the joint council of the B church held around December 7, 2008 is legitimate and valid until the court of the trial, and therefore the plaintiff maintains the consistency with the previous B church, not the church divided by the B church. Thus, the purport of the plaintiff's argument is that the plaintiff's assertion is not the G church but the B church, and it is interpreted that the plaintiff is issued a certificate of affiliation to the purport that the plaintiff's confirmation of the B church's appointment and the issuance of the certificate of affiliation to the purport that it is confirmed, on the premise that the plaintiff falls under the B church.3.

A. The Defendant’s main defense of this case asserts to the effect that, even if the Defendant issued F’s certificate to the Plaintiff, any legal effect does not arise, and that the Plaintiff’s confirmation of F’s affiliation should be sought against F. As such, each of the instant lawsuits is unlawful, such as there is no benefit of lawsuit.

B. Regarding the legitimacy of an action for the issuance of a certificate of affiliation