노회가입및임시당회장파견무효확인
All appeals are dismissed.
The costs of appeal are assessed against the plaintiffs.
The grounds of appeal are examined.
1. Whether some members can be evaluated to have withdrawn from the previous church shall be determined by comprehensively considering various circumstances in accordance with the general principles of interpretation of legal acts.
In particular, in a case where disputes continue to exist between the members for a long time, whether the members expressed their intent to withdraw from the church, whether the members have the intention to remain in the previous church, and whether the doctrines and methods of worship which the previous church had followed and other doctrines and methods of worship have been removed, together with the circumstances such as the name of the church, the articles of association, the place of worship, etc., or whether the pastor, the head, the house, etc. were newly appointed by excluding the other members, and a separate religious community was formed by constituting an independent organization, etc., whether it can be deemed that a separate religious community was formed by newly appointing the pastor, the church, the house, etc., the arguments or acts premised on the organization that is different from the church that is composed of the other members, and if the pros and cons for religious order changes are divided between the members, if it is found that the validity of the resolution on religious order changes has been different from their intention, whether the members have the intention to remain in
(See Supreme Court Decision 2009Da67658 Decided May 27, 2010, etc.). 2. A.
The judgment below
The reasons and records reveal the following facts.
1) The instant church was originally affiliated with the KEU under the International Religious Organization Reforming Assembly. From January 2001 to January 9, 2001, it continued to know and reflect among the members about the retirement of M pastors and the operation of the church. 2) The instant church, which was held on February 9, 2003, passed a resolution to move to a different religious order under the direction of the members supporting M pastors, and to enter the Seocho-gu Council under the Joint Assembly of I Religious Organizations, and accordingly, it was decided to move to a different order.