1. The instant lawsuit shall be dismissed.

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

1. The Plaintiff A religious organization B church (hereinafter “Plaintiff church”) asserting that the Defendant arbitrarily embezzled the property of the Plaintiff church, and sought the return thereof.

In regard to this, the defendant asserts that the lawsuit of this case by the plaintiff church is unlawful as it was done without the resolution of the general meeting of the members.

2. The judgment of the plaintiff church is an association which is not a juristic person, and the form of property ownership of an association which is not a juristic person is jointly owned.

Therefore, in order for the plaintiff church to manage and dispose of the properties of the church which is the collective ownership, the resolution of the general meeting of the members or the procedure according to the articles of association should be followed.

Plaintiff

A church asserts that the defendant used the money of 35,890,500 won of the plaintiff church in personal without the consent of the plaintiff church and sought the return thereof. The above money is the money received by the plaintiff church in return for the expropriation of the real estate owned by the plaintiff church, and the plaintiff church resolved to file a lawsuit against the defendant at the administrative council on December 29, 2013 to claim the return of the above money from the defendant at the administrative council on December 29, 2013, may be recognized without dispute between the parties or by considering the whole purport of the argument as stated in the Gap evidence 1

On the other hand, according to the entry of Gap evidence 7, the articles of association of the plaintiff church is defined as follows.

Part 5, Chapter 3 Members of this church : Members of this church are qualified by preparing and submitting a registration card for the members of this church

(c) It shall be classified into regular members and associate members;

Article 7 [Rights and Duties] Members of this church shall have all the rights and duties prescribed by the rules and may participate in various assemblies and events.

The right to vote and election of the members of this church shall be limited to regular members.

Article 9 of the Meeting of Chapter 5 [Meeting] The main church shall have an ordinary general meeting and an ordinary general meeting.

1) The ordinary meeting shall be held in the second week of December each year, and shall be held in the second week, and a report of each committee and an appeal of the Ministry of Finance and Economy shall be made. The chairperson of the Administrative Affairs Council is a standing officer. 2)