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(영문) 수원지방법원 2015.01.08 2013나41780
부동산인도
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. The status (1) of the parties concerned (hereinafter “Plaintiff church”) is a church belonging to the Reform General Assembly of the Korea Culture and Arts Institute (hereinafter “Regulatory General”) and its affiliated D Workers’ Association (hereinafter “D Workers’ Association”), which did not meet the requirements for the organization of the party under the Constitution of the Reform General (Article 61(1)).

(2) C is a pastor who left the Plaintiff church as a member of the Plaintiff church on February 2009 and was in charge of the duties of the Plaintiff church.

B. On January 5, 2011 and June 24, 2012, each joint council meeting and resolution (1) held on June 24, 2012, the Plaintiff church held a joint council in the presence of 6 persons other than S and N (the Defendant and his parents, spouse, grandchildren, and the fraud) after giving notice to eight persons, including Defendant, Selection, F, I, S, G, H and J, and N, and on January 5, 201.

(2) The above joint council passed a resolution that "not being re-registered to C, which is open to temporary pastors," with the consent of six (6) persons present at the above joint council, and "ly delegate the next temporary pastors to the defendant" (hereinafter collectively referred to as the "non-Confidence resolution in this case"), and "a resolution was adopted to delegate the next temporary pastors to the defendant."

(3) However, on January 20, 2012, the non-existence of the instant non-existence decision was rendered by the court on the ground that the resolution was held as the president of the party branch at the time without the convening of C, who is a person with the authority to convene the joint council.

(Y) On June 24, 2012, the Plaintiff church held a joint council with 18 members, including the Defendant, on January 20, 2012 and passed a resolution stating that “T pastors shall be replaced by the Plaintiff church’s member's member's member's member's member's member's member's member's member.”

(5) However, the instant non-existence decision and the instant instant T T T T T T TW resolution were all held at the time without the convening of C, who is a person with the authority to convene a joint council, and became final and conclusive as it is by the court.

The Seoul High Court, which was the appellate court of the above Anyang Support case, declared on October 9, 2012.

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