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(영문) 울산지방법원 2019.02.21 2018가합23335

담임목사 직무집행금지의 소

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1. Of the plaintiffs' lawsuits, each part of the plaintiffs' requests for change of the name of representative on the register of each real estate listed in the separate list.

Reasons

1. Basic facts

A. Plaintiff A and C are the heads of the F religious organization G churches in the Ulsan-gun E and the second floor of Ulsan-gun (hereinafter “instant church”); Plaintiff B is the representative of the said church.

The instant church was established around August 199 and was affiliated with the Ulsan Labor Association of F Religious Organizations, and changed the affiliation of the instant church to H around April 2007.

B. On August 1, 2007, the Defendant served as a member of the instant church from the time of the establishment of the church to August 1, 2007, and transferred the duties of the member of the instant church to Cho who was a member of the instant church on August 1, 2007.

Accordingly, I had been employed as a member of the church of this case from that time to that of the defendant until 2015.

C. However, the issue was raised regarding I, such as that I was in exchange with, or related to, a suspected group during his/her term of office as a standing tree officer.

Therefore, the members of the church of this case demanded the resignation of I, and on December 31, 2014, the temporary church consisting of plaintiffs A, C, etc. passed a resolution to dismiss I from the officer of the church.

On January 11, 2015, the defendant, as the chairperson of the committee for emergency countermeasures of the instant church, held a joint council on January 11, 2015, confirmed the above dismissal decision with the consent of 57 members among 74 members present, and passed a resolution to appoint the defendant as a new member of the council. On February 15, 2015, the defendant again held a joint council on February 15, 2015 and passed a resolution to re-examine the dismissal of I and the appointment of the defendant with the consent of 78 members present.

On the other hand, on January 14, 2015, the defendant completed the registration of changing the representative of the above church from I to the defendant on the ground of the "change of the representative" on January 11, 2015 with respect to each real estate listed in the separate list owned by the church of this case.

E. In addition, the instant church also requested the disciplinary action against the Plaintiff, an incorporated association H, and the said federation rendered a decision to suspend I’s qualification as a pastor on February 24, 2015.

F. Its I, on November 4, 2015, hold the church of this case at its own discretion.