Main Issues
Cases where it is recognized that a resolution to revise the church dissolution has no effect;
Summary of Judgment
If a three-time joint meeting which has passed a resolution on the alteration of the church's dissolution is not convened by the chairperson of the church, who is the person entitled to convene the meeting, in accordance with the rules on the joint dissolution of the church, to which the church belongs, the resolution shall not be deemed a joint meeting of the church since it is a meeting lacking legitimate convening procedures, and where 34 or 37 of the three-five members from among the 45 members who are the three-dimensional members attend each of the above meetings and resolves, the resolution shall not be deemed to have been in the total of all the members, and such resolution shall not be valid.
[Reference Provisions]
Article 275 of the Civil Act
Reference Cases
Supreme Court Decision 78Da716 Decided October 10, 1978
Plaintiff, retrial Defendant, and Appellee
Plaintiff (○○ in the registry) Attorney Kim-hu, Counsel for the plaintiff-appellant
Defendant, Appellant, or Appellant
[Defendant-Appellee] The Korea National Assembly of the Republic of Korea (Attorney Do-won, Counsel for defendant-appellee)
original decision
Seoul High Court Decision 78Na2994 delivered on August 30, 1979
Text
The appeal is dismissed.
The costs of appeal shall be borne by △△△△△, which is marked as the representative of the re-examination plaintiff.
Reasons
The grounds of appeal by the defendant (the plaintiff-appellant) are examined.
According to the reasoning of the judgment of the court below, the court below started as a branch church that belongs to the above 7th association of the defendant church as the 6th association members of the defendant church, and decided that the 17th association members of the defendant church as the 5th association members of the above 7th association and the 5th association members of the 197th association were to join the above 7th association, and that the 16th association members of the defendant church as the 4th association were to be convened and to be advertised or notified one week before the opening of the 7th association, and that the 16th association members of the defendant church as the 5th association were to join the 7th association, and that the 7th association members of the defendant church as the 5th association were to be convened, and that the 16th association members of the defendant church as the 17th association were not to be convened, and that the 16th association members of the defendant church were to be convened by the joint association resolution of the 17th association.
The court below's decision is legitimate, and the judgment of the court below is just, and the judgment of the court below is not correct, and there is no violation of the rules of evidence or violation of the rules of evidence in the court below's decision, and there is no violation of the rules of evidence in the court below's decision as to the omission of theory, the lack of reason, and the failure of reasoning, and the judgment of the court below in the arguments cannot be appropriate for this case (the debate is the purport of attacking the judgment of the court below on the premise that the three-five persons are 39 persons at the time of the joint council of the defendant church. Since the court below has duly decided and decided that the three-five persons are 45 persons at the time of the joint council of the defendant church, which leads to the conclusion of the whole authority of the court below as to the preparation of evidence
The issue is groundless.
Therefore, the appeal shall be dismissed, and the costs of the appeal shall be borne by the △△△△△△△, which is marked as the representative of the defendant church, and this decision is delivered with the assent
Justices Yu Tae-hee (Presiding Justice)