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(영문) 수원지방법원 안양지원 2018.10.12 2016가합101919
장로지위확인
Text

1. Ascertainment that the plaintiffs are in the defendant's position as the defendant.

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

Reasons

Facts of recognition

The defendant is a church belonging to the assembly of E religious organizations and its umbrellas, and the plaintiffs are the heads of the defendant.

Since around 208, I, the Defendant’s original pastors, H, was moved to the delegated pastor of the Defendant, but around February 21, 2004, he was found to have committed an indecent act on the part of the Plaintiff A around February 21, 2004, and was divided into the members supporting I (hereinafter “A”) between the Defendant’s employees and the opposing members (hereinafter “B”), including the Plaintiffs, who are the head, and during that process, there continued conflicts such as I’s resignation, removal of the Plaintiffs, removal from school, removal from school and restoration thereof, and attempt to adopt a resolution for re-employment against the Plaintiffs. On or around July 17, 2012, Gono Council newly established a settlement mediation committee to delegate all the authority to the settlement mediation committee and made a temporary settlement council chairperson delegate the authority to the settlement council and act on behalf of the Plaintiff.

On February 19, 2013, Plaintiff B, the representative of the A, J and B, and C, as the presence of the Reconciliation Mediation Committee, drafted the “Agreement for the Division of Diplomatics” containing the following: “A side and B shall agree to the division of a church, shall be given consent to the division of a church, shall be given the full course of the division of a church, and the A shall be paid KRW 350 million for the division of a church; and the A side shall be paid KRW 350 million for the exploitation cost.”

On February 19, 2013, the Reconciliation Mediation Committee passed a resolution to place an agenda item for the establishment of a church and the appointment of a member of the church to hold a joint council. On February 24, 2013, the Reconciliation Mediation Committee announced the joint council through the Defendant’s bulletin to hold the joint council on February 24, 2013. On March 3, 2013, it held a joint council and appointed I as a delegate pastor and made a resolution to open the church and establish the church.

(hereinafter the above resolution of the Joint Council on March 3, 2013 (hereinafter referred to as the "Joint Council Resolution"). K, at the time, was a member of the defendant, filed a lawsuit seeking confirmation of invalidity of the preceding resolution (this court 2013Gahap2714), and the above court is going on February 7, 2014.

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