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(영문) 울산지방법원 2017.03.23 2016가합21410
담임목사지위 부존재 확인 등
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The status of the parties concerned (hereinafter “Plaintiff church”) is a church affiliated with the JEU under the I religious organization, and Plaintiff B, Plaintiff C, Plaintiff D, Plaintiff E, Plaintiff F, and Plaintiff G (hereinafter “Party B”) is the head of the Plaintiff church, the head of the association, and the Defendant was appointed as the head of the Plaintiff church on March 13, 2005, but was delegated on February 5, 2006.

B. The occurrence of disputes between the members and the convening of a joint council 1) The Plaintiff church occurred from several years, and thus, on December 14, 2015, Plaintiff B and Plaintiff C, the head of the Plaintiff church, demanded the Defendant to convene a temporary council but did not comply with the Defendant’s request. Plaintiff B and Plaintiff C held a temporary council in the presence of the Defendant on December 20, 2015, and requested the Defendant to convene a joint council by notifying the Defendant of the result of the temporary council, but the Defendant rejected the request for convening a joint council by notifying the Defendant of the result of the temporary council. (ii) Plaintiff B and Plaintiff C received a written petition from 57 members, and delivered it to the Defendant on December 28, 2015, and requested the Defendant to convene a joint council for the dismissal of the members and the appointment of the representative of the church, but the Defendant rejected the request by the Defendant.

3) On January 8, 2016, 53 members of the Plaintiff church filed an application for permission to convene a joint council with the Ulsan District Court for the dismissal of the Defendant, who is the representative of the Plaintiff church, and the appointment of a new representative (Ulsan District Court 2016 non-conforming 101), and on March 18, 2016. (c) The members of the Plaintiff church, who decided to dismiss the Defendant, held a temporary joint council on April 3, 2016 in accordance with the Ulsan District Court’s decision to permit the convening of the joint council, to appoint the Plaintiff as the chairman (hereinafter “joint council of April 3”), and the Defendant was dismissed from the delegated pastor of the Plaintiff church and selected the Plaintiff B as a new representative (hereinafter “the resolution of this case”).

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