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(영문) 서울지방법원 북부지원 2002. 7. 26.자 2001카합1228 결정
[예배방해금지및출입금지가처분][미간행]
Applicant

The Korea Pre-Seoul High School Association (Attorneys O Sung-sung et al., Counsel for the defendant-appellant)

Respondent

Respondent No. 1 and two others (Attorney Yoon-soo et al., Counsel for the defendant-appellant)

Text

1. All applications filed against the respondent are dismissed.

2. The cost of the application shall be borne by the applicant.

The respondent shall not interfere with the performance of his duties as the chairperson of the church of the applicant Gap church and the chairperson of the church of the non-party 1 pastor, who is the director of the church of Seoul Special Metropolitan City (excluding the detailed address omitted), and shall not interfere with all the activities of interfering with the worship, such as leaving the church or occupying the church, without following the worship of the non-party 1's worship. The respondent 1 shall not perform his duties as the chairperson of the church of the applicant Gap church and the pastor of the church, and shall not perform the activities of supervising the worship in the petitioner Gap church's worship and its premises. The respondent shall not enter the wedding of the applicant Gap church and its premises for the purpose of worship, or perform the worship at the same time. The execution officer belonging to the branch of the Seoul Special District Court delegated by the applicant Gap church shall publicly announce the above purport in an appropriate manner and take other appropriate measures for the execution thereof.

Reasons

1. Judgment as to the claim that the obstruction of the performance of duties by the chairman of the party branch or the worship of a pastor outside the application is prohibited

The applicant asserts that non-party 1, who is the applicant's member of the church, has committed an act of interference with the worship by claiming that the respondent of the towing city scriptive scriptive scriptive scriptive scriptive scriptive scriptive scriptive scriptive scriptive scriptive scriptive scriptive scriptive scriptive scriptive scriptive scriptive scriptive scriptive scriptive scriptive scriptive scriptive scriptive scriptive scriptive scriptive scriptive scriptive scriptive scriptive scriptive scriptive scriptive scriptive scriptive scriptive scriptive scrip

2. Determination as to the Respondent 1's prohibition of the performance of duties by the president of the party and the pastors, the claim part against the prohibition of worship and the claim part against the respondent for prohibition of worship and the claim part against prohibition of worship

A. The Respondent 1, despite the fact that the Respondent 1 is not a member of an applicant church, is in charge of conducting the affairs of the members of the applicant church, conducting the affairs of the members of the church in the course of their worship, and the Respondents are in charge of conducting the affairs of the members of the church on October 14, 2001. In addition, the Respondents are taking the disposition of the members of the applicant church on October 14, 2001 and entered and reported the services for the purpose of the worship despite the fact that the Respondents are not the members of the applicant church, so if such Respondents are left neglected, they claim that the Respondents seek the prohibition of the above acts.

B. According to the records and the results of the examination of this case, it is recognized that the respondent 1 pastors and the members of this case join the Central Labor Council for the Reformary Joint Assembly of Korea around September 1, 2001, and the non-applicant 2 copies, the non-applicant 1 pastors and the members of the non-applicant 1 shall join the Korea National Assembly for the Maintenance and Maintenance of the Korea National Assembly on January 14, 2002, and the members of this case shall join the Korea National Assembly for the Maintenance and Maintenance of the Korea National Assembly for the maintenance of the Korea National Assembly for the maintenance of the Korea National Assembly for the maintenance of the Korea National Assembly for the settlement of each other, and then each of the other shall be reported differently.

According to the above circumstances, it is reasonable to view that the Korea War Veterans Association of this case was divided into two applicants belonging to the Korea War Veterans Association, which belongs to the Korea War Veterans Association, the Korea War Veterans Association, the Korea War Veterans Association of which is the chairperson of the church, and the Korea War Veterans Association, the Korea War Veterans Association, the Korea War Veterans Association of which is the chairperson of the church; and as long as there is no provision on the ownership of the church properties in advance in preparation for the case of the division of the church under the original rules and the general rules of the case of the division of the church, the church properties shall belong to the collective ownership of the members at the time of the division. Each divided church may use and profit from the previous church properties, such as the building of the Korea War Veterans Association, which is the collective ownership within the extent that does not interfere with the use of the other party church and the use and profit-making of the church properties, the most important method for the use of and profit-making from the church properties to the Korea War Veterans Association, the debtor and the Korea War Veterans Association of the Korea War.

Therefore, the applicant's above assertion is without merit.

3. Conclusion

Therefore, the petition of this case against the respondent is dismissed as there is no vindication of the right to be preserved, and it is so decided as per Disposition.

Judges Kim Byung-chul (Presiding Justice)

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