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(영문) 울산지방법원 2017.02.08 2015가합263
부당이득금반환
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The plaintiff in the position of the parties to the basic facts (hereinafter referred to as the "Plaintiff church for convenience") is an incorporated association C (hereinafter referred to as the "Federation"), and D has served as a standing pastor from the time when the plaintiff church was established to August 1, 2007.

D On August 1, 2007, at the temporary vertical council, transferred to the defendant the duties of the codinator, including the right of fluence, and accordingly, the defendant followed D and carried out the position of codinator until January 11, 2015, the codinator was held.

The evidence No. 1, Eul evidence No. 12, the purport of the whole pleadings, and the purport of the whole pleadings. The plaintiff church and the plaintiff church in the name of the defendant shall purchase the company house with the funds of the original church through a resolution of the church council around April 2012, when the defendant was employed as a member of the church, and the defendant decided to purchase the company house with the funds of the original church and to allow the defendant to live there, and paid the defendant KRW 291,20,000,000 on May 10, 2012.

The purport of the Evidence Nos. 3 through 5 and the whole purport of the pleadings are as follows. The defendant purchased the above 105-dong 401, Ulsan-gun Em-gun, Ulsan-do, 105-dong 401 (hereinafter “instant real estate”) with the above money, and completed the registration of transfer of ownership in the name of the defendant for sale on June 1, 2009, under the Ulsan District Court No. 53348, May 17, 2012.

The purport of the Evidence No. 6 and the whole argument is as follows: The representative of the plaintiff church and the resolution of the dismissal of the standing member of the plaintiff church, the head of the plaintiff church, the head of G, the head of the H, etc. shall be comprised of the steering committee and the non-standing countermeasure committee of the plaintiff church as of December 30, 2014 from the office of H on December 26, 2014; the steering committee dismissed the defendant from office as of January 1, 2015, dismissed the defendant from office as the office of the standing member of the plaintiff church, appointed D who established the plaintiff church as a new standing member, and decided that the resolution of the joint council of the plaintiff church shall be decided by the resolution of the plaintiff church.

No. 2, the purport of the whole argument is as follows. The members of the plaintiff church demanded the resignation of the defendant on December 28, 2014, and on December 31, 2014, the defendant is the defendant at the temporary assembly of the plaintiff church.

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