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(영문) 서울고등법원 2018.07.12 2018나2009188
총회결의무효확인 등
Text

1. This Court includes the Defendant’s claim to confirm the invalidity of the title to the Plaintiffs that has been changed in exchange.

Reasons

1. Basic facts

A. The defendant is a religious order with approximately 150 branch churches, which is established by E in 1965, in the form of the G principal church, and now belongs to the branch church, and I (hereinafter “Ship principal center”) is an incorporated foundation established for the purpose of the missionary work and incidental business by contributing real estate owned by the G School around 2010. The plaintiffs are directors of the missionary center, and the defendant was the defendant's member.

B. On June 16, 2017, the trial court of the defendant's general assembly dismissed P as the head of the G church on the ground of theO's sexual intercourse with the O's children Q.

C. On June 18, 2017, the missionary center called “approval on the election and dismissal of executive officers” as an agenda, issued a temporary board of directors notice on July 2, 2017.

1) On June 23, 2017, the Defendant’s standing committee decided to convene an extraordinary meeting consisting of the “matters concerning the G school council, the Do council, and the Do council members” on the agenda. The Defendant’s president decided that the Defendant’s members (a pastor, the Do council), issued a notice of convening an extraordinary meeting as of June 30, 2017 on the case concerning the “G school council,” and the case concerning the “J council, the Do council, and the Do council, the Do council,” respectively. 2) of the Defendant’s special meeting as of June 30, 2017 (hereinafter “instant extraordinary meeting”), attended by 174 members from among the 220 general council members, and passed a resolution that “if the directors of the Do council, who oppose the Defendant’s decision, have inflicted damage on the Defendant, the Do council and the Do council, shall be expelled from the Defendant and the Do council.”

(hereinafter referred to as “the resolution of the instant extraordinary general meeting”). (e)

On July 2, 2017, the missionary center decided to dismiss M,O, and N, a director of the missionary center in a temporary society held on July 2, 2017.

F. On August 26, 2017, the Defendant notified the Plaintiffs that “In order to implement the resolution of the instant special meeting, the Defendant is present at the standing committee on September 1, 2017, and vindicates it.” The Plaintiffs are the Defendant Standing Committee.

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