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(영문) 서울중앙지방법원 2018.09.21 2018가합516010
당회결의무효확인
Text

1. All plaintiffs' lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The defendant is the party, etc. 1) The defendant is the branch church belonging to the E religious organization Seoul Magazine Association (hereinafter referred to as the "G church"), which is the branch church belonging to the E religious organization.

(2) On November 15, 2015, the branch church, which is a member of the political party, consists of a branch church pastor and a head, who is a member of the political party, and is an organization in charge of the duties, such as the administration of the defendant, the administration of the defendant, the plaintiff C, and D, and the head of the defendant's office. 2) The council, which is a member of the political party, is a member of the political party.

B. Around October 2012, the annual church established the I church caused disputes in the course of the recruitment of the temporary pastors, and some pastors and their gender were separated from the G church on August 30, 2015 and established the I church.

C. Resolution 1 of the Defendant Party Resolution 1) At the party conference held on November 5, 2017 by the Defendant, both J, K, and L (hereinafter collectively referred to as “J, etc.”)

(1) A resolution to elect Defendant as an armed riot (hereinafter “resolution 1 of this case”) is deemed to be a resolution of this case

A) On November 12, 2017, the Court promulgated that J et al. was elected to the Defendant’s armed riot through the church bulletin. 2) On February 4, 2018, the resolution accepting the Plaintiff’s intention to resign from the church conference held on February 4, 2018 (hereinafter “resolution 2”) was made.

The Constitution of the E Religious Organization General Meeting (hereinafter referred to as the "Constitution") related to the instant case is as follows.

Part 8 Article 139 (Types of Administrative Litigations) General Rules 139 (Types of Administrative Litigations) of Chapter 8 are as follows:

2. Lawsuits such as cancellation of resolution: Lawsuits in which convening procedures or method of resolution of a meeting held by the Council violates the Constitution or provisions, or the contents of resolution violate the Constitution and provisions [Article 141-2]

1. The provisions of Chapter ゲ General Litigation Procedures, etc. shall apply mutatis mutandis to administrative litigations;

2. Chapter 6.

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