퇴거 및 인도청구 및 대표자지위확인등
1. All of the instant lawsuits are dismissed.
2. The costs of the lawsuit shall be borne by the plaintiff B.
1. Basic facts
A. The Plaintiff A church (hereinafter “Plaintiff church”) is a church established by Plaintiff B’s father D, and is the owner of the building indicated in the attached list of the Seo-gu, Seo-gu, Gwangju (hereinafter “instant land”) and its ground (hereinafter “instant building”); and the instant land and the instant building are combined with each other.
B. At the time of early December 2013, when the F, who was a member of the Plaintiff church (the representative of the Plaintiff church; hereinafter referred to as “member of the Plaintiff church”), retired from office, the D, on December 15, 2013, was hired as a member of the Plaintiff church, and the Defendant was appointed as a member of the Plaintiff church on January 18, 2014 following lawful procedures.
[Reasons for Recognition] Uncontentious Facts, Gap evidence 3-1, 2, Eul evidence 1, 2, 5-1, 2, and 7, witness G testimony, and the purport of the whole pleadings
2. The plaintiffs' assertion
A. The defendant belongs to D that he will pay 100,000,000 won of retirement pay if he had D take the office as a teacher, and he was appointed as a teacher of the plaintiff church, who was ordered to remove the plaintiff church from the religious order to which the plaintiff church belongs. Since he illegally withdraws from the religious order to which the plaintiff church belongs, the defendant's taking the office as a teacher of the plaintiff church is null and void.
Accordingly, the plaintiff B was appointed as a member of the plaintiff church through legitimate procedures.
Nevertheless, the defendant continues to assert that he is the member of the plaintiff church.
B. Therefore, the Plaintiffs seek confirmation of Plaintiff B as the representative of the Plaintiff church against the Defendant, and further seek delivery of the instant building owned by the Defendant’s Plaintiff church.
3. Of the instant lawsuit, an ex officio determination on the part concerning the Plaintiff B’s claim for confirmation of the representative status against the representative or a member of a religious organization, which is an unincorporated association.