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(영문) 서울남부지방법원 2019.11.08 2019가합815

담임목사 취임 무효확인의 소

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is the senior pastor of the C church belonging to the general assembly of D religious organizations, and the defendant is the senior pastor of the C church at present.

B. The General Assembly of D Religious Organizations set forth the following:

2) The members of a church / [1] The members of a church / [1] because the foreigner is a member of the church and a head of a D religious organization, a person other than Korean nationality shall not be a member of the church who represents and hires the members and the head of the church: Provided, That the foregoing shall not apply to the members of the E-Korean church who are entering into a payment agreement with the above religious order / [2] members of a church (members, the head of the church, the head of the office, the associates, the head of the Gu, the previous association, the head of the Gu), or the member of the church who has moved to a foreign country, or has a foreign permanent sovereignty or the right of citizens, even if they are qualified as members of the religious order even if they have the right of permanent residence, even if they are qualified as members of the member of the church: Provided, That if the trader who has a foreign permanent sovereignty has been absent from the hearing of the branch church, they shall submit evidentiary documents to the Labor Council that have waived permanent residence after undergoing the review of the union.

2. The plaintiff's assertion that the defendant is entitled to give up his citizen rights as a U.S. citizen right holder, but the defendant did not give up his citizen rights despite the fact that he is entitled to give up his membership rights. The defendant was granted a loan of KRW 260 million under the name of church remodeling but he could not know the place of use of KRW 215 million among them. Thus, the defendant's assignment of a member of the C church as a member of the C church shall seek confirmation of nullity.

3. The defendant, as to whether the lawsuit in this case is legitimate, has been filed against the defendant who is not an organization, and thus there is no benefit in confirmation, and the lawsuit in this case is unlawful as it concerns the right to stay in the religious order, and it does not constitute a subject of judicial review.

With regard to the invalidity or non-existence of the status of executive officers of any organization.