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(영문) 수원지방법원 안양지원 2018.10.12 2016가합1170

공동의회결의무효확인

Text

1. Of the instant lawsuit, the Defendant’s resolution of the Joint Council Resolution on June 19, 2016, the suspension of qualification as a member of the agenda item No. 5 was adopted.

Reasons

1. Facts of recognition;

A. The defendant is a church belonging to the general assembly of a religious organization and its affiliated EM councils, and the plaintiff is a member of the defendant church.

B. As a matter of hearing F as a delegated pastor, the conflict was continued due to the division into the members who support F (hereinafter “A”) and the head of the Defendant church into G, H and I as well as the opposing members (hereinafter “B”), and the E Workers’ Association, around July 17, 2012, established a settlement mediation committee to establish a settlement mediation committee and delegate all the powers of the E Workers’ Association to the settlement mediation committee, and had the settlement mediation committee act on behalf of the temporary chairperson.

C. Around February 19, 2013, at the presence of the Reconciliation Mediation Committee, G, the representative of the F, J and B, and H drafted an agreement for the division of D church, stating that “A and B shall consent to the division of church, be subject to the rule of the Reconciliation Mediation Committee of the E- Labor Association, and A shall pay the development cost of KRW 350 million to B.”

On February 19, 2013, the Reconciliation Mediation Committee passed a resolution to place the agenda for the establishment of a church and the appointment of a member of the church to hold a joint council. On February 24, 2013, the Reconciliation Mediation Committee announced the opening of a joint council through the bulletin of the head of the defendant church on February 24, 2013. On March 3, 2013, held a joint council and appointed F as a delegated pastor and made a resolution to open the church and separate the church.

(hereinafter above, the Resolution of the Joint Council on March 3, 2013 (hereinafter referred to as the “Joint Council Resolution”) E.

At the time, K, which was a member of the defendant church, filed a lawsuit seeking confirmation of invalidity of the preceding resolution (this Court 2013Gahap2714), and on February 7, 2014, the above court rendered a judgment that "the prior resolution is a joint council by convening the reconciliation mediation committee without the party resolution and without the authority to convene the meeting, and is therefore null and void on the grounds of serious defects in the convocation procedure." The above judgment thereafter is the appeal of the defendant church (Seoul High Court 2014Na18171).