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(영문) 부산지방법원 2017.09.13 2017가합43278

조정금청구권 확인의 소

Text

1. The part of the conjunctive claim in the instant lawsuit is dismissed.

2. The plaintiff's main claim is dismissed.

3...

Reasons

1. Basic facts

A. The Plaintiff is a church established after being separated from Defendant A religious organization C church (hereinafter “Defendant church”) and Defendant D, E, and F were the members of the Defendant church, and they were the persons who were separated as above.

B. The Plaintiff and the Defendant church initially constituted one religious organization, but the conflict between the members of the Plaintiff and the Defendant church occurred, and the members of the Defendant church passed a resolution to dismiss G, which was a member of the Defendant church, at the Joint Council on September 13, 2015, and passed a resolution to withdraw from a Joint Council of Religious Organizations at the Joint Council on September 20, 2015.

Accordingly, at the time of the above G, Defendant D, E, and F, 30 members of the Defendant church (hereinafter “former Plaintiff in the previous lawsuit”) were parties to each other, seeking confirmation of the invalidity of each of the above resolutions against the Defendant church, and filed a lawsuit to confirm the existence of representative authority as 2015Gahap48156 with the Busan District Court. On June 22, 2016, the above court dismissed some of the plaintiffs in the previous lawsuit, and rendered a judgment of winning some of the plaintiffs in the previous lawsuit including Defendant D, E, and F.

Accordingly, on January 6, 2017, when both parties appealed as Busan High Court Decision 2016Na54346, the mediation between the plaintiffs of the previous lawsuit and the defendant church was established, and the following contents were prepared (hereinafter “instant mediation protocol”).

1. On September 20, 2015, the defendant church (the same shall apply to the defendant church in this case) confirms that the defendant church left the A religious organization (joint) by resolution of the Joint Council on September 20, 2015.

2. On January 6, 2017, Plaintiff (referring to the Plaintiff in the previous lawsuit; hereinafter the same shall apply) G withdraws from the representative of the defendant church, and the rest of the plaintiffs shall withdraw from the defendant church.

3. The defendant church shall pay KRW 549,563,832 to the plaintiffs immediately after the representative of the defendant church is changed in accordance with the following 5.0,000 among them.