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(영문) 대전지방법원 2015.10.16 2014나14786

사해행위취소

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. Division 1) D church 1) D church (hereinafter referred to as "D church's representative") before some members, including C (the representative of the defendant church), leave the D church.

E established around March 1986 (hereinafter referred to as “E”)

Article 2 of the Diplomatic Association's articles of incorporation, enacted on November 14, 1993, provides that "this church shall be located in F in the astronomic'tang City." 2) On May 19, 2008, C, who was appointed as a member of D church on May 19, 2008, shall hold a joint council on December 7, 2008 and held a resolution to move its location to G in Seo-gu, Seo-gu.

The above joint council agreed to the agenda that 26 of the 47 members, from among the 47 members, present, 24 members among them, disposed of the land and buildings of the D church, and 23 members agreed to the agenda that they move the church by leasing the building in G in the amount of KRW 140 million as the lease deposit.

3) After the resolution of the above joint council, a number of members including H request C to convene a joint council again while opposing the transfer of the church, but H et al. submitted a written petition to E on December 28, 2008. On June 25, 2009, H et al. resolved to cancel the membership of the D church's D church. 4) C did not obtain the E's approval as to the transfer of the D church, and sent the worship at the Defendant church from February 1, 2009 to September 14, 2009. On September 14, 2009, H et al. completed the registration at the district tax office having jurisdiction over the non-profit corporation by designating the name of the organization as the "Y in Seocheon-gu, Seocheon-gu, Seoul, and the articles of incorporation on January 17, 2010 (the location of the D church as the "B church's articles of incorporation").

5 On August 25, 2010, the first general assembly trial court dismissed C’s director-general who seeks to determine the invalidity of the resolution to revoke the membership of the Diplomatic Association, and ordered E to establish a church in accordance with the resolution of the D church’s joint assembly for the relocation of the members, and to implement the administrative procedure accordingly.

Accordingly, the I General Meeting Maintenance Foundation, a foundation, is the defendant.