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(영문) 서울중앙지방법원 2014.12.09 2014나35494
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is a new association of the Korea Egyptian Association of Korea (hereinafter referred to as the “Korea Egyptian Association”) in Ansan-si, and the Defendant is a member of the D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D DD, and the Defendant was divided into the members supporting D D D D D D D D, which was a member of the D D D D D D D D D D D D D D D D D D D D D D, and the opposing members, around July 17

B. Meanwhile, on February 12, 2013, in the case of a provisional disposition prohibiting the call-up of a joint council by F, etc. against the Defendant (Seoul Central District Court 2013Kahap212) filed by F, etc. as the members of the D church, there was a provisional disposition (hereinafter “instant provisional disposition order”) that “The convening of a joint council for the resolution of re-re-convening agenda items, such as co-conveners E, etc., which is scheduled to be held at the D church from the day after the settlement mediation committee was convened by the Defendant on February 17, 2013 after the completion of the pre-determination of the D church.”

C. On March 3, 2013, at the D D D D D D D D D D D D D D D D D D D D D D D’s meeting to hold a joint council as an agenda and pass the D D’s subdivision with the consent of 173 members among 175 members present, and appointed E as the members in charge of the D church and the delegated pastor with the consent of 170 members.

On February 7, 2014, the Plaintiff filed a lawsuit against Diplomatic to confirm the invalidity of the Joint Council (U.S. District Court Decision 2013Gahap2714) and continued to the appellate court (Seoul High Court Decision 2014Na18171) at the present appellate court (Seoul High Court Decision 2014Na18171) on the ground that the Joint Council of March 3, 2013, which was convened by the Reconciliation Conciliation Committee, without the authority to convene a Joint Council on February 7, 2014, was null and void due to significant defects in the convening procedure.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 2, the purport of the whole pleadings

2. Plaintiff’s assertion and judgment

A. The Plaintiff is the Plaintiff.

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