beta
(영문) 부산고등법원 2019.09.11 2018나59314

예배행위금지 등

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. 1) The Plaintiff church is a member of the E Religious Organization Assembly (hereinafter “FEU”)

The individual church belonging to the plaintiff B is the member of the plaintiff church, and the plaintiff B is the member of the plaintiff church and the representative. 2) The defendant was the member of the plaintiff church, and the plaintiff church was the member of the plaintiff church, who was sentenced to the dismissal from office to office and the expulsion from office.

B. On April 29, 2016, the Plaintiff church and the I church were approved for the merger of the Feminite association on April 29, 2016, and were merged into the Plaintiff church on May 1, 2016, and around that time, the Plaintiff church and the I church were merged into the Plaintiff church. The H pastor, the head of the Plaintiff church before the merger, which was the Plaintiff church, became the Plaintiff church member after the merger, and the Plaintiff B, the I church member of the I church before the merger, was the father, and the Defendant became the Simin. 2) Meanwhile, the Plaintiff church (the name address of the Plaintiff church, the D), the size of 394 square meters and the above ground building (hereinafter collectively referred to as the “instant real estate”), which was used by the Plaintiff church as the preliminary dividends, and the Plaintiff church is jointly owned by the members of the Plaintiff church.

C. H was prosecuted as the charges of violating the Medical Service Act and the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) on December 16, 2015 for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (In Busan District Court 2015Da750, 2016Gohap10), and the Busan District Court established the above medical institution in the name of the said association on June 10, 2016, under the Medical Service Act, the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the summary of the criminal facts by fraud) (H is not entitled to establish a medical institution, and the summary of the criminal facts by fraud is not entitled to establish a medical institution. However, it was established in the name of the said association from July 26, 2007 to June 28, 2009, while it was established in the name of the said association from August 7, 2009 to July 28, 2011.