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(영문) 서울중앙지방법원 2016.09.01 2015나41540

건물명도

Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Whether the withdrawal of a lawsuit is lawful;

A. Defendant’s assertion 1) At the time of the instant lawsuit, M, which was the representative of the Plaintiff church, left the religious order and lost his/her qualification as the representative of the Plaintiff church. 2) In addition, on February 14, 2016, the Plaintiff church opened a general meeting of the members and removed M from the officer of the Plaintiff church and passed a resolution to appoint Y as a new officer of the Plaintiff church.

3) Therefore, at the present time, the legitimate representative of the Plaintiff church is Y. Y. Y. Y, following the resolution of the Plaintiff church on March 30, 2016 on behalf of the Plaintiff church, submitted the written withdrawal of the lawsuit on March 30, 2016, and the Defendant consented to the withdrawal of the lawsuit, the lawsuit in this case was terminated as the withdrawal of the lawsuit in this case. (B) In full view of the written evidence No. 31-15, No. 16, No. 33-4, and No. 39-2, Plaintiff church is a branch church belonging to the Seoul Special Assembly for Remuneration of Religious Organizations, ② as the head of the Plaintiff church and the head of the Plaintiff church, M is a member church and the head of the Plaintiff church, and the head of the Seoul Special Assembly for Remuneration, the head of the Gyeonggi Sports Association for Remuneration, the head of the Dong Religious Organization for Remuneration, the National Assembly for Remuneration and the head of the Dong Religious Association for Remuneration of the above Order, and the reason for disqualification and the decision that the Plaintiff Association will be declared.

2, however, A religious organizations.