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(영문) 서울고등법원 2018.11.14 2017나2048605

장로선거무효확인의 소

Text

1. According to the selection of the appointed party by this court, the plaintiff (appointed party) among the judgment of the court of first instance and the appointed party B, C, E, F.

Reasons

1. The reasoning for the court to explain this part of the judgment on the basic facts and the main safety defense is as stated in the judgment of the court of first instance, except for the case where the written notice of the judgment of the court of first instance is used as follows. Thus, this part of the judgment on the main safety defense of the judgment of the court of first instance is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

【Plaintiff A” from the two pages to the two 【Plaintiff (Appointed Party; hereinafter “Plaintiff”) and both Plaintiff A and “Plaintiff A” thereafter are written in the form of “Plaintiff.”

The status of the parties to “Plaintiff B, C, E, F, and G” is written by both the Plaintiff and the designated parties.

The part of “Plaintiff D” is deleted.

2. An election of this case executed at the joint council of the defendant church on October 16, 2016 and on October 23, 2016 at the joint council of the plaintiff church and the remaining designated persons is null and void for the following reasons:

Article 17 (2) of the articles of incorporation of the defendant church provides that "the defendant church shall be a person who has been seven years of age or older and has been at least 40 years of age as a result of his/her qualification as a funeral." However, it was customary to recommend a person who has been ten years of age or more after his/her duties as an internal collector and authorized manager as a funeral at the church.

However, in the instant long-term election, N,O, P, Q, etc. was recommended as a candidate for the long-term election.

When the defendant church changes the standards related to the qualifications of candidates for the head of the Gu, it shall request the joint council to present its opinion, and in particular, in case of easing the qualifications of candidates for the head, it shall inform the members of the necessity and seek their consent.

Nevertheless, only some of the members who are related to the party members have lost the fair opportunity by providing these information.

B. The defendant church has set up the marks of candidates in the order of the date of church registration.

The meeting of the political party only has the right to recommend the candidate for the chief, and the election of the senior executive in this case is made at the meeting of the political party to the chief.