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(영문) 광주지방법원 순천지원 2018.04.11 2017가단74686

부당이득금

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The defendant asserts that the lawsuit of this case was unlawful because it was filed by a person who has no power of representation.

Considering the overall purport of the arguments in each statement of Gap 1, Gap 4, Eul 8, Eul 2, and 3 (including each number), the plaintiff church was established and was composed of ten members around 1998, and six members including D and E move the church to the defendant church around 201, due to the internal problems in the plaintiff church, and the plaintiff church was incorporated into the defendant church because it is difficult to maintain the plaintiff church after 1 year, and the plaintiff church did not perform religious events or activities, and there was no transfer of the plaintiff church to the plaintiff church, the plaintiff church was not present at the plaintiff church, the plaintiff church was changed to D's representative without due process on February 6, 2015, the fact that the plaintiff church's special meeting was submitted on behalf of the plaintiff church, the fact that the plaintiff church's representative was changed to D's representative on behalf of the above plaintiff church, the fact that the plaintiff church's special meeting was held on June 21, 2017, and the above plaintiff church's temporary meeting was held.

According to the above facts, D filed the lawsuit in this case without the authority to represent the plaintiff church, and the special meeting held around November 26, 2017 cannot be deemed to have been elected as the representative of the plaintiff church through legitimate procedures. Thus, it cannot be deemed to be a legitimate representative of the plaintiff church.

2. The instant lawsuit is dismissed as it is filed by a person who is not entitled to represent the Plaintiff church, and is unlawful.