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(영문) 서울고등법원 2016.06.02 2015나2071212

판결등무효확인

Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. Basic facts

A. The defendant is a religious organization B (integrated) religious order (hereinafter referred to as "integrated religious order").

(1) As the highest patriarche, a final judgment shall be made at a union and a party under its jurisdiction, and the Constitution of the consolidated school group (hereinafter referred to as the “Constitution of the school”).

(1) A religious organization C church (hereinafter referred to as “instant church”) is entitled to authoritative interpretation.

(2) The plaintiff (appointed party; hereinafter referred to as the "Plaintiff") is a person who was the head of the instant church, and the selected parties E, F, and G are the head of the instant church, and H is a person who was appointed as the delegated member of the instant church on October 2010 and was on duty as a member of the instant church.

B. Each judgment entered in the separate judgment list (hereinafter “each judgment of this case”) 1) The church of this case constituted the ice Committee to hear the delegated pastor around March 2010, and H submitted a resume to the above ice Committee around that time.

After that, H, after undergoing the resolution of the church conference on August 29, 2010 of the instant church, passed the resolution on September 26, 2010 of the instant church (hereinafter “instant resolution”), filed a lawsuit against the instant church to seek confirmation of invalidity of the instant resolution (Seoul Central District Court 2013Gahap539797, Seoul Central District Court 201). On August 28, 2013, the first instance court rendered a judgment that “the instant resolution is null and void” on the ground that the instant resolution has a serious defect in its contents, since the personal history of the curriculum submitted by H to the instant church on July 24, 2014 was false.

Although the instant church is dissatisfied with this and filed an appeal (Seoul High Court 2014Na2029382), the dismissal judgment was sentenced on June 4, 2015, and the instant church is still pending in the final appeal court as it re-appeals the instant church and appeals (Supreme Court 2015Da22746) (Supreme Court Decision 2015Da22746). The instant church is a delegated pastor via B.