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(영문) 광주지방법원목포지원 2017.08.31 2017가합143

지위확인등

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Summary of the plaintiff's assertion

A. On July 14, 2013, the Plaintiff, a branch church affiliated with Defendant Local Council, was under the visit of the Diplomatic Association Diplomatic Association (hereinafter “Diplomatic Association”), and was appointed as a cooperative pastor of the above church on the same day, and was under the retirement age (70 years of age) pursuant to the Constitution of the B Religious Association, and was replaced by the Plaintiff on March 25, 2017.

B. The Plaintiff paid the payment to the Tradeer Mutual Aid Association while serving in the Diplomatic Association. In order to apply for payment of the Tradeer Mutual Aid Association on the ground of retirement, the Plaintiff filed a petition with the Defendant via the application form for payment of the Tradeer Mutual Aid Association in accordance with the provisions on the Operation of the Tradeer Mutual Aid Association. However, the Defendant rejected the Plaintiff’s refusal to challenge the affiliation of the Defendant.

C. Meanwhile, in the judgment of the Assembly of Religious Organizations Committee against the plaintiff, the defendant respondeds that the plaintiff is not the defendant, and the plaintiff paid 7 million won at the above trial costs to the Assembly of Religious Organizations Committee.

The plaintiff served as a cooperative pastor of the Diplomatic Association belonging to the defendant, and the defendant was presumed to be an honorary pastor and rejected the plaintiff's request for affixing a seal on the plaintiff's application for payment of the Diplomatic Association. Thus, the plaintiff has a benefit to the defendant to seek confirmation on the status of a pastor belonging to the defendant, and the defendant has a duty to affix a seal on the application for payment of the Diplomatic Association at the request of the plaintiff, who is affiliated with the defendant.

In addition, the defendant is liable for compensating the plaintiff for the damages because the plaintiff suffered material and mental damage due to the defendant's behavior in the judgment of the General Assembly of Religious Organizations Committee against the plaintiff.

2. Judgment on the defendant's main defense

A. The summary of the argument is unlawful, since the defendant has no capacity to do so because he/she was unable to possess the substance of an unincorporated association.

(b) the end of the registration of incorporation with the permission of the competent authority.

참조조문