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(영문) 대구고등법원 2016.08.17 2015나24998

위임(임시)목사 청빙청원허락 무효 확인소

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. Since the establishment of Diplomatic Association around April 1973, the Plaintiff served as a member church from December 31, 2007, and the Defendant is a branch church affiliated with the F Religious Organization G Labor Association (hereinafter “G Labor Association”).

B. The Diplomatic Association, when the Plaintiff was in office as a teacher, shall merge with C’s “E church” where C was in office as a teacher, and in order to determine the succeeding pastor of the Plaintiff who retired from the retirement age on December 31, 2007, which was held on December 2, 2007, which was held on December 24, 2007, which was held by the Diplomatic Association to merge with “E church” while the 19 members among the 24 members were present, the Diplomatic Association shall merge with “E church” (which is 14 persons, 5 persons, 5 persons, 5 persons), and Da as a teacher (temporary).

(The 16 members, 2 members opposing, and 1 members of the press) passed a resolution, and on December 25, 2007, the Diplomatic Association held a church meeting to merge with the "E church", and the name of the merged church shall be determined as the "B church (the defendant church)" and the resolution was adopted to recommend C to the merger church (temporary) pastor.

(hereinafter referred to as the above resolution of the separation and the resolution of the party shall be referred to as "the resolution of the party in question" (hereinafter referred to as "this resolution").

On March 13, 2008, the defendant church that is merged with the "E church" has submitted a written petition that Diplomatic Association and the "E church" combines the defendant church with the defendant church and hold C as a temporary pastor. At that time, the defendant church received a written petition from the G Labor Association on March 24, 2008 after being notified that the joint signature book was omitted among the accompanying documents. The defendant church again received the petition from the G Labor Association on March 24, 2008.

After that, as the Go's association approved the recruitment of the defendant church (temporary) pastor on April 15, 2008, C was appointed as a pastor of the defendant church.

The defendant church held a church conference on August 17, 2008 and passed a joint council meeting on August 24, 2008 to listen C to the delegated pastor of the defendant church (hereinafter referred to as "the entrusted pastor of this case") and attached the minutes of the council and the minutes of the joint council to the defendant church delegation pastor of C.