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(영문) 서울고등법원 2019.06.19 2018나2058449

대표자 지위 확인의 소

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. 1) The Plaintiff is a party’s status 1) The Korea Religious Organization Dental Association (hereinafter “instant religious organization”) and the Korea Labor Association belonging to the instant religious order is a party’s association.

(2) The defendant church is a branch church established on February 17, 1982 and was affiliated with the Trade Association of this case. The defendant church is a branch church established on November 11, 2015.

B. 1) On November 22, 2015, E, the head of the Defendant church, along with 21 members, demanded the Plaintiff to convene a temporary joint council on December 13, 2015, stating that the Plaintiff “temporaryly, on December 12, 2015, the Defendant church, the agenda church, the withdrawal from the religious order, and the revision of the articles of association,” but the Plaintiff expressed his/her opposition to the withdrawal from the religious order at the temporary council held on November 22, 2015. 2) On December 6, 2015, E announced the temporary joint council convened on the bulletin of the Defendant church on December 6, 2015.

3) On December 13, 2015, the Joint Council held on December 13, 2015, 18 of the 33th regular curriculum (16 persons at the time of the commencement of the instant Joint Council, but 2 persons were additionally present at the time of the resolution on the agenda item 2 above.

(2) On December 27, 2015, the member of the instant association agreed to leave the religious order upon the guarantee of the independence of the Defendant church, and on December 27, 2015, the member of the instant association decided to leave the religious order by opening a joint council to resolve to leave the religious order, and by conducting a secret vote on the approval of the appointment of the member of the F pastors. The above resolution was passed in 16 marks and 2 marks, and on December 20, 2015, the defendant church announced the above resolution on December 20, 2015. 4) The members of the instant association confirmed that the defendant church had the intention to leave the religious order.

The Countermeasure Committee shall be a defendant church, including E, on December 25, 2015.