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(영문) 서울고등법원 2016.06.09 2015나2033814

노회소속확인

Text

1. All appeals by the plaintiff (appointed party) are dismissed.

2. The plaintiff (appointed party) added at the trial of the political party.

Reasons

1. Basic facts

A. The status of the plaintiff and the designated parties (hereinafter "the plaintiff, etc.") and the defendant C are the members of the D church.

B. The D church disputes No. 1) The D church conference from around 2008 before and after the D church's work, to operate the church of G (at the time of religious service) and the members who commemorate G surrounding the suspicion of embezzlement of church properties, etc. (hereinafter "non-Subrogation members").

) The opposing members (hereinafter referred to as “members of the church”) shall be the members of the church.

(2) There was a resolution, such as the amendment of the articles of association, which states that “Korea church belongs to the Bo’s association” under Article 51 of the Do’s articles of association. However, at the D church’s joint council held under the initiative of G on August 7, 2011, a resolution was made to amend the articles of association that “Do’s association refers to the Eo’s association, which belongs to the Eo’s association.”

After that, the members of the political party filed a lawsuit seeking confirmation of invalidity of the resolution on August 7, 201 (Seoul Southern District Court 2012Gahap1161), and the Seoul Southern District Court declared on October 19, 2012 that "The resolution of amendment of the articles of association made at a joint council held on August 7, 201 by Diplomatic Association is invalid," and the above judgment was finalized on November 9, 2012.

C. The division process of the two unions and the resolution of the general assembly are as follows: (a) the division of the two unions into the KCAC (hereinafter referred to as “the KCAC”)

at the 96th Session around September 2011, 201, the Committee for Division of the B Labor Association (hereinafter referred to as the “Division Committee”).

(2) The Korea Culture and Arts Association (hereinafter referred to as the “former Association”) shall be organized, and the Korea Culture and Arts Association (hereinafter referred to as the “Korea Culture and Arts Association”) established at that time.

) A resolution was made to divide Defendant B’s labor union and E’s labor union. D’s labor union had a conflict between the members regarding which it belongs to one of the two divided labor unions, and on August 10, 2012, since the issue belonging to D’s labor union is in the course of mooring in the social law (Seoul Southern District Court 2012Gahap161), it decided the labor union to which it belongs after the occurrence of the conclusion. 2) Since the issue belonging to D’s labor union is in the course of mooring in the social law (Seoul Southern District Court 201Gahap161), it decided the labor union to which it belongs from September 17, 2012 to the 21st of the same month.