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(영문) 전주지방법원 2019.12.18 2018가합3839
총회결의무효확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. The Defendant church was established in around 1995 as the name of the Diplomatic Association and was affiliated with C Educational Association, and the name was changed to the E Educational Association around March 2009.

B. On September 8, 2008, F, the representative of the Defendant church, was appointed as a member of the Defendant church, and on February 8, 2015, the Defendant church held a general meeting of shareholders (hereinafter “instant general meeting”) on February 8, 2015 and passed a resolution on the change of the name of F, the title of the religious order’s withdrawal agenda and the B church’s “B church.”

(hereinafter referred to as “instant resolution”). C.

On the other hand, some of the members who oppose the withdrawal from the above religious order of the defendant church are engaged in religious activities under the name of the "E society" by making the G dispatched from the C church on February 12, 2015 as a pastor.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, Eul evidence No. 1 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiffs (appointed parties, hereinafter "the plaintiffs") and the designated parties together are "the plaintiffs".

The main point of the argument is that the resolution of this case is null and void with the following important defects.

The general assembly of this case was conducted with the plaintiffs entitled to receive the notice of convening the general assembly of this case as the members of the defendant church without any notification as to the time of convening the general assembly of this case and the agenda items.

Therefore, there is a serious defect in the convocation procedure of the instant resolution.

B. On February 8, 2015, the resolution date of this case, does not fall under the day of the general meeting stipulated by the articles of incorporation of the defendant church, and twenty-three members present at the resolution of this case are merely part of the registered members.

C. The first subcommittee of December 16, 2014 and the second subcommittee of December 23, 2014 of the Defendant church were carried out by a resolution of persons who are not party members (the president). Since the members for the above church were not designated or appointed from the three North Korean Workers' Association, the Defendant church’s articles of association and the three North Korean Workers’ Association, which are the moving order of the Defendant church, are stipulated in Article 14 of the Articles of the Defendant church and the three North Korean Workers’ Association.

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