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(영문) 울산지방법원 2019.11.27 2018가합27399

정관변경결의 부존재확인

Text

1. The main part of the lawsuit in this case shall be dismissed.

2. 5th of the office held by the Defendant on December 30, 2018.

Reasons

1. Basic facts

A. The defendant is a branch church that belongs to the order of "C" (hereinafter "C"), and the plaintiff is a member of the defendant and an armed riot.

B. On July 15, 2018, the Defendant held a church and passed a resolution to propose the amendment of the articles of association (hereinafter “instant amendment of the articles of association”) on the following grounds: (a) the amendment of the amended articles of association (hereinafter “instant resolution”) of the Defendant’s articles of association (hereinafter “instant amendment of the articles of association”) to amend some provisions regarding the finance, etc. of the church and church and to establish a meeting of the head of the department (hereinafter “instant amendment of the articles of association”).

C. On December 30, 2018, the Defendant held a briefing session for resolution on the amendment of the instant Articles of Incorporation.

In the above separation council, 100 members of the defendant teaching staff were present, 5 members were present at the middle of the meeting, and 95 members were finally present at the meeting, and the resolution on the amendment of the articles of association of this case was made with the consent of 64 members (hereinafter referred to as the "resolution on the removal of this case").

The contents related to this case in the Articles of Incorporation and C Constitution to which the defendant applies are as follows:

Article 6 of the Articles of Incorporation of the Republic of Korea (hereinafter referred to as the "Joint Council") shall organize and operate the following joint councils as the resolution body of the Council:

(i)Organizations. ① Persons registered with this church in accordance with Chapter XIII of the C Constitution in accordance with Article XIII of the C Constitution, who are not less than 19 years of age and who are committed to the present church;

(2)The meeting. (1)The meeting shall be convened by a resolution of the party meeting to which one-third or more of the members shall have the petition, if necessary, at the time of the meeting of the party.

(2) If a member who holds office becomes at least 100 persons, such member may be removed from his/her office on behalf of a joint council.

Section 7.(1)Organization and operation. ① Organization and operation of the Council shall be comprised of not less than two members of the Council, viral wood officers and viral (Sino).

(2) A majority of the union chief and the president shall be present, and a resolution shall be made by the council chief after gathering the opinions of party members, and the resolution shall be made by the council chief after gathering the opinions of party members.

(7) propose amendments to the church articles.

C Article 61 of the Constitution of the Republic of Korea

3. Resolution 3 shall be merged with churches in this order.