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(영문) 대구고등법원 2020.11.25 2019나25296
공동의회결의무효확인 등
Text

The plaintiff's claim that the plaintiff changed in exchange from the trial is dismissed.

The plaintiff bears 70% of the total litigation costs.

Reasons

1. With respect to the Plaintiff’s request within the scope of the trial in this Court, the first instance court rejected the part of the claim that “the Defendant confirms that the resolution against the Plaintiff was null and void at the meeting of the Council on May 29, 2016,” and rejected the part of the claim that “The Defendant’s request for confirmation of the invalidity of the resolution by the Council on iceping at the meeting of the Council on December 21, 2014,” and that “the Defendant’s request for confirmation of the invalidity of the resolution by the Council on ice iceping at the Joint Council on January 4, 2015,” and that “the suspension of the C’s duties of delegated pastor” is dismissed.

(Ⅲ) The defendant did not appeal against the judgment of the court of first instance, and the plaintiff appealed only the above judgment ② among the judgment of the court of first instance, and changed the claim in exchange for another judgment.

Therefore, the scope of this Court's trial is limited to the claim that has been changed in exchange.

2. Basic facts

A. The defendant is a branch church (organization church) affiliated with D Religious Organization E Association established on May 13, 1956, and the plaintiff was a member of the defendant's religious organization, and the plaintiff was a member of the defendant's office.

B. On August 31, 2014, the Defendant issued a public notice on December 21, 2014, stating that “a church which consists of a pastor, the head, etc.) shall hold a church and make a resolution to the Joint Council on January 4, 2015” (hereinafter “the resolution of the Political Council on December 21, 2014”), and that “a joint council meeting for ice ice ices after being assigned to the Council on January 4, 2015” shall be called “a resolution of December 21, 2014.”

C. On January 4, 2015, the Defendant: (a) held a joint meeting with G pastor as the temporary president of the party branch; (b) held pro and pro and pro and pro-con voting for the members present at the meeting of C as the Defendant’s fenced wood shed; and (c) passed the ice ice ice of C by holding a pro and pro-con voting

The "Joint Council Resolution of January 4, 2015" is referred to as the "Joint Council Resolution of January 4, 2015," and "the Resolution of this case" is referred to as the "Joint Council Resolution of December 21, 2014 and the Joint Council Resolution of January 4, 2015."

D. On January 11, 2015, the Defendant consented from the members to the ice pastor.

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